Iowa Administrative Rules Review Committee

The Iowa Department of Education (the Department) drafts the proposed administrative rules for review by the State Board, along with the context, purpose, content, and fiscal implications of the proposed rules. General Counsel, Tamara McIntosh Iowa Wallace State Office Building Department of Natural Resources, Des Moines, IA 50319 515-725-8242 515-725-8202 (fax) Email: Tamara.McIntosh@dnr.iowa.gov Adopted rule changes are published in the Iowa Administrative Bulletin. The Department proposes to the Council of State to notify its intention to adopt the following rules: If you have any questions about the rule-making process or specific rules, please contact: The Administrative Code Editor, in collaboration with Department staff, prepares the proposed Notice of Action for publication in the Iowa Administrative Bulletin. The public comment period begins with publication. There are at least 20 days for public comment (Day 1 is the day after the proposed rules are published). An adopted rule takes effect no earlier than 35 days after it is published in the Iowa Administrative Bulletin (Step 8). The rules adopted may provide for a later date of entry into force. These rules are set out in Chapters 1 to 11 and 14. These rules contain basic organizational information as well as procedures for handling complaints and records. The rules also set out the MNR rule-making process, including the assessment of deviations and deviations and requests for rule-making; contentious cases; service contracts and public improvement contracts; and declaratory decisions. There are special rules governing the documentation of groundwater hazards by MNR, natural reservoir and MNR concession contracts. The Director has the authority to enact, amend or repeal these provisions.

The ARRC reviews the adopted rules. The Department provided a summary of the rules adopted, a summary of public comments, the Division`s response to this public statement, and answered questions from CREARC members. Public comments are permitted. ARRC has several options at this stage. The most commonly used options are: The Natural Resources Commission was established to establish policies, approve budgets, and adopt rules to ensure the effective management of DNR`s activities with respect to the conservation and use of Iowa`s natural resources. These rules govern many of the services and programs of the Department of Conservation and Recreation, which is comprised of the Fisheries, Forestry, Parks and Wildlife Offices, as well as the Department of Policy and Coordinating Services and the Department of Management Services, including Real Property and Licensing Services and the Engineering Office. In some cases, under these rules, the Natural Resources Commission has delegated certain powers and responsibilities directly to MNR staff. The rules are divided into eight separate titles: General; licences, authorizations and concession contracts; Utilities; registration and safety of pleasure craft; management areas and practices; parks and recreation areas; Forestry; and seasons, limits, methods of ingestion.

The general title of the NRC Rules contains the NRC Meeting Organizational Rules; establish rules for the approval of contracts by the NRC, the hearing of contentious cases and the processing of cases; and defining NRC`s procedures for establishing and determining rules. Many of these rules adopt the rules of the Director of MNR by reference. The additional rules in this title delegate the review of building permits for sovereign lands to the DNR, define the procedure by which the DNR intends to grant applications for leases and easements for or on public property, and provide a mechanism for managing confiscated property. Importantly, NRC also defines the educational programs offered by MNR and its various rules for stamp design competitions in this title. The Licences, Permits and Concession Contracts section of the Rules sets out the processes by which MNR assesses permits and licences for the use or sale of public lands and materials, as well as the fees that MNR may charge for such permits, leases and licences. Chapter 14 of the Concession Contracts Rules sets out the procedure by which the DNR may enter into contracts with an individual, firm or other group known to use Crown property to obtain public benefits but for private purposes, i.e. to operate a concession, and the criteria by which the DNR and the Natural Resources Commission should assess applicants. Chapter 16 of the Wharf and Other Structures on Public Waters Rules administers wharf permits on state waters by classifying different types of wharves and assessing different fees based on their size and use. The Natural Resources Commission has delegated much of the management and review of wharves and associated structures to MNR.

Chapter 17 of the Barge Fleet Regulations sets out the assessment criteria and fees under which vessels are permitted to navigate the rivers of Iowa. Chapter 18 of the Rent Schedule for Crown-owned property, the Riverbeds, Lakebeds and Riparian Land Rule sets out the conditions for the lease of Crown property, limits and sets the fees for such leases. The Executive Council must also approve all leases of public property under Chapter 18. Under Chapter 19 of the Sand and Gravel Licensing Rules, the Natural Resources Commission has delegated to MNR staff the review and approval of the removal of sand and gravel from Iowa rivers and lakes. MNR staff assess proposed dredging sites for biological impacts before they are issued, and permits are assessed annually. Many chapters under the title of the assistance program set out the guidelines for the various RDD funding programs. These rules are developed through significant interaction between MNR and its stakeholders. For example, Chapter 29 deals with the Recreation Infrastructure Grant Program.

This programme is a direct result of the National Recovery Summit held in November 1997. This summit brought together legislators and recreation and natural resources leaders from across the state and a wide range of stakeholders. One of the key recommendations of this summit was the need to provide much-needed assistance to Iowa`s local political subdivisions to repair infrastructure (similar to that already provided to the state through the Restore the Outdoors program). MNR receives special funds from legislators for some of these assistance programs and uses other funds at its disposal, such as the marine fuel tax and general funds, to pay for many of these assistance programs. Other financial support programs include Chapter 21 of the Agricultural Lease Program; Wildlife habitat on private lands, chapter 22; Cost sharing of the Wildlife Habitat Stamp, Chapter 23; Blufflands Protection Program and Revolving Loan Fund, Chapter 24; Certification of lands deprived of wildlife habitat, Chapter 25; Land and Water Conservation Fund Program, Chapter 27; Snowmobile and ATV Grant Program, Chapter 28; Cost-sharing and subsidy programmes for water, Chapter 30; Priorities for the Protection of the Public Lakes Watershed, Chapter 31; Private Open Spaces, Chapter 32; Resource Enhancement and Protection, Chapter 33; Community Forestry Challenge Grants, Chapter 34; and Fish Habitat Promotion for County Conservation Boards, Chapter 35. The Resettlement Assistance Rules, Chapter 26, are available to assist affected individuals with upcoming domain actions. However, DNR has not exercised its impending domain authority for over 25 years. Several Natural Resources Commission rules govern the registration and use of recreational vehicles and vessels, particularly motorboats in public waters. These rules include safety equipment for vessels, Chapter 37; Registration and numbering of vessels, Chapter 38; Passenger capacity, Chapter 39; Vessel Speed and Distance Division, Chapter 40; Aids to Navigation by Boat, Chapter 41; Boat Accident Reports, Chapter 42; motor vessel noise, Chapter 43; Boating, Special Events, Chapter 44; Boat Engines Regulations, Chapter 45; Motor vehicles in winding, navigable and trout waterways, Chapter 49; Green Valley Lake Water Special Rules, Chapter 36; and ATV and snowmobile accident reports and registration displays, Chapter 50. The Management Areas and Rules Practices title describes the management and protection of Crown lands and territories by the DNR. These rules include game management areas, Chapter 51; Nature reserves, Chapter 52; Controlled Hunting Areas, Chapter 53; Restrictions on the removal of plant material from national areas, Chapter 54; and Temporary Structures (Icehouses), Chapter 55. Another title in the NRC Rules deals with the regulation of public use in parks and other public property managed by MNR.

These include state parks and recreation areas, Chapter 61; State Forest Camping, Chapter 62; Beer on tap rules, Chapter 63; Use of metal detectors, Chapter 64; Fireworks in State Parks, Chapter 65; Saylorville Multi-Use Trail, Chapter 66; and multi-use pathways on Crown lands, Chapter 67. The Natural Resources Commission has adopted rules to provide Iowa support and programs, including the sale of nursery stands to the public, Chapter 71; Timber Buyers, Chapter 72; Forest and fruit reserves, Chapter 73; and Forest Land Improvement Program, Chapter 74. The final title of the rules establishes the seasons and governs fishing methods for fish, game, and other plants and animals in Iowa. DNR`s Offices of Fisheries and Wildlife go to great lengths to get input from affected athletes and other users of Iowa`s plant and animal resources, including fish and wildlife. Many public gatherings, some of which use the Iowa Communications Network (ICN), inform the public about the reasons for seasonal recommendations and provide opportunities for the public to respond to and contribute to those recommendations.