Iowa DNR: Groundwater Professional Bulletin Board

The following is a list of city and county ordinances which have generally been submitted for review or approved for use as an institutional control to restrict the installation of drinking and non-drinking water wells. For those that have been approved, the GWP would not have to submit copies of the ordinance but would still have to submit the other supporting documentation such as the letter certifying the local permitting authority has been provided all necessary receptor ID maps and the model letters from the local and county permitting authorities certifying that no drinking or non-drinking water wells would likely be permitted in the area of concern.

The Tier 1 and Tier 2 guidance provides a model certification letter that was intended to be signed either by the local or county authority, which had private well restriction and permitting authority. There was also a requirement that the local authority establish an agreement with the County Department Health, which in most cases has private well permitting authority under a delegation agreement from the Department. The purpose of this agreement was to resolve any potential conflicts in private well regulation between these governmental bodies. The Department has adopted a simpler, less burdensome way of coordinating and resolving any potential jurisdictional conflicts between the County Department of Health and the local authority.

Instead of a formal agreement, the Department is requiring written acknowledgement from the County Department of Health (usually referred to as the County Sanitarian) that they have been provided a copy of the local ordinance, the local authority’s certification letter and applicable receptor ID maps depicting the area of concern. The County then is asked to sign a certification letter that states (1) they would require any applicant for a county permit to obtain all local approvals; and (2) based on the supporting documents provided, they would not likely permit a well within the area of concern.

Therefore, when relying on a local ordinance, the Department now requires the model certification letter from the local permitting authority and a new certification letter from the County Department of Health if they have delegated permitting authority from the Department. We have developed a second model certification letter to be prepared by the County Department of Health (usually referred to as the County Sanitarian) which should be submitted with the local authority certification letter. This new county certification letter is to be used along with the model letter to be used by local authorities. Please take the time to read and revise it to fit your particular circumstances.

If you are relying on a local ordinance within a County which does not have delegated permitting authority from the Department, you only need to document in a letter that you have sent the local certification letter with all supporting documentation to the Department’s water supply office in Des Moines, Iowa to the attention of Brent Parker.

Questions concerning this posting should be directed to David Wornson at (515)242-5817 or david.wornson@dnr.iowa.gov

The following is a listing of Counties and Cities with approved water well ordinances:

CITY OR COUNTY	ORDINANCE NO.	STATUS	AUTHORITY	COMMENTS
Algona	No. 859	Acceptable	Algona Municipal Utility	Prohibition, unless special exception permit
Anamosa	No. 727	Acceptable		Prohibits drinking and non-drinking water wells within city limits.
Armstrong	Title II, Ch. 6, Article 12, Ord. No. 2001-01	Acceptable	Superintendent of Public Works	Effective July 2, 2001
Blairstown	Ord. No. 176	Acceptable	City Council	Permit denied if well within 200 ft of public water.
Burlington	Ord. No. 3151	Conditional	Burlington Municipal Waterworks	Restriction only applies to drinking water wells and allows non-drinking water wells.
Black Hawk County	Health Dept Regulation 3-94	Acceptable	County Health Department	Require investigation and submission of local ordinances as well.
Britt	Ch. 90	Unacceptable		Mandatory connection to public water but no restriction on private well installation, no permitting process,
Carroll	Ord. No. 0308, Ch. 94.01-04	Acceptable	City Manager	Permit required, prohibits permit if public water is within 200 feet of property.
Cascade	Ch. 90	Unacceptable		Mandatory connection to public water but no restriction on private well installation, no permitting process.
Charles City	Ord. No. 1000 Amended 90.03	Acceptable	?	Not clear who makes the determination of availability.
Charter Oak	Ord. No. 169-06 as amended by No. 173-07	Acceptable	City Clerk and Council	Prohibits installation of "private wells" within 300 feet of city main.
Cherokee	Ch. 147.06	Acceptable	City Engineer DNR is permitting authority	Ordinance prohibits "non-public water wells". No city permitting process. Cherokee County is not a delegated authority. Certification letter needs to clarify drinking and non-drinking water interpretation.
Cherokee County	County Resolution #96-3	Pending		Require investigation and submission of local ordinances as well.
Clarinda	No. 784	Acceptable
Clinton	No. 152 No. 2300 (8/23/05) No. 2324 (5/23/06)	No. 152 Acceptable for defined Liberty Square Area No. 2300 Acceptable for a large area of Clinton No. 2324 Applies to same area defined in No. 2300		No. 152: Restrictions only apply to Liberty Square area. Ordinance does not expressly restrict wells, just requires permit but City interprets it to deny private wells. No. 2300. Applies to a larger defined area. No. 2324. Applies to same area defined in 2300; some changes made to language of No. 2300 ordinance.
Coralville	Ord. No. 90.07	Acceptable		Prohibits any type of well if public water is available at an abutting street, alley or right of way.
Council Bluffs	Ch. 4.33	Acceptable	Dept of Health
Dallas County	Health Regulation Title IV, Ch. 32	Acceptable	County Sanitarian	Prohibits "non-public water wells" if public water is available "unless approved by the County Sanitarian". County is in the process of adopting this regulation as an ordinance.
Dallas Center	Ch. 90	Unacceptable		Mandatory connection to public water, restriction on installation of private wells, no permitting process.
Decorah	Ord. No.13.36	Acceptable		No new private wells at all – existing wells ok; city wells if needed for public water purposes; geothermal loops ok
Denison	Ord. No. 1217	Acceptable	Building Commissioner
Des Moines	Polk County Ord. Ch. IV and Des Moines 28E. Ord. No. 49.3(11)	Acceptable
Dubuque	Ch. 42	Unacceptable pending revisions	City Administrator	City wide prohibition unless public water is not within 100 ft.
Eagle Grove	Ch. 94	Acceptable	Water Superintendent and Water Board	City wide prohibition if within 200 ft of water main subject to exception for "hardship" and "special circumstances".
Early	Title III, ch. 90 Ch. 128 Ord. No. 269	May be acceptable on a case by case basis	City of Early	Ordinance requires all residences and business establishments within City limits using water for human habitation or occupancy to connect to the public water system. Private well installation shall be prohibited where public water is available.
Eldora	Ord. No. 767	Acceptable	City of Eldora	All residences and businesses within city limits shall connect to public water system. New wells may be drilled only upon property which does not have access to city water within 350’ of property, permit and registration of well required.
Elkador	No. 2003-10	Acceptable
Gilman	No. 137	Unacceptable		Mandatory connection to public water, no restriction on private well installation, no permitting process.
Glenwood	Ord. No.733	Acceptable	Glenwood Water Board
Grundy Center	Ord. No. 459	Acceptable	Public Works Director
Guthrie Center	Ord. No.2000-02	Acceptable	City Clerk
Hamburg	Ch. 93	Acceptable		City Council is permitting authority.
Hampton	Ch. 93	Acceptable	Water Superintendent
Hiawatha	??	Acceptable		City Ordinance generally prohibits private wells and requires applicant to obtain County permit.
Hinton	Ord. No. 247	Acceptable	No Local Permit system	Blanket prohibition on private wells, need County certification
Iowa Falls	Ord. No. 93	Acceptable	Permit Application to City Clerk	Prohibition on "private wells" if public water within 200 feet.
Independence	Ch. 90.03	Acceptable	? Water Superintendent	Private well not defined to include non-drinking water well.
Iowa City	Ord. No. 14-3C-10	Acceptable	Public Works Director	Private well not defined to include non-drinking water well.
Keosauqua	Ord. No. 96	Potential Acceptance	Water Super certifies public water availability.	Prohibits private wells, within "area of concern" no definitions, also regulates based on availability of public water.
Kalona	?	Unacceptable pending review		Prohibits installation of private wells within a defined area of the LUST site. No reference to public water.
Kingsley	Ord. No.143	Acceptable
Lansing	Ord. No.163	Acceptable	Permit from City Clerk	Prohibits all private wells within city limits unless public water not available within 100 feet.
La Motte	Ord. No.104-02	Acceptable	City Permit	Prohibits private wells within 300' of public water and within an "area of concern" approved by DNR. Only approve as to the 300' restriction.
LeClaire	Ord. No. 622 Ch. 90.02	Acceptable		Prohibit drinking water wells within 200 feet of pws but has some exception authority for some kinds of non-drinking water wells such as irrigation wells, close loop wells, industrial wells subject to meeting DNR "guidelines". May want to consider use of covenant for the non-drinking water receptor ID plume.
Lee County		Potential	County Bd. of Health	Require investigation and submission of local ordinances and dual certification of county and city.
LeMars	Ord. No.807	Acceptable
Lester	Ord. No.3-2004	Acceptable	City Council	Prohibition if public water accessible, unless "clear and convincing" evidence that public water is not sufficient.
Little Rock	Ord. No.09-03-2002	Acceptable, Site by Site review necessary	City of Little Rock	Restricts drinking and non-drinking water wells within a defined area of the City
Linn County	Board of Health Housing Resolution 3-68	Under consideration		Regulation requires connection to public water applicable to habitable buildings. Uncertain as to non-drinking water and applicability in towns larger than 25,000 with local Dept. of Health.
Lowden	Ord. No. 761	Acceptable		No definition of private wells, certification letter must specify drinking and non-drinking wells.
Manchester	Ch. 94	Acceptable	Building Inspector	Prohibits private wells, not defined, subject to hardship standards, permit system and annual sampling.
Marshalltown	Resolution adopted 3/17/03 Resolution No. 341	Acceptable	Uncertain but probably CEO	Resolution #341 prohibits private wells within city limits and the resolution passed on 3/17/03, applies to non-drinking water wells and requires oversight and permitting. This ordinance along with certification letter from Marshall County Sanitarian recognizing local restrictions should be acceptable.
Marquette	No. 332	Acceptable	Permit from Sewer & Waste Superintendent	No wells in defined area if access to public water within 300 feet
Mason City	Ord. No. 03-06, amended by Ord. No. 09-06	Acceptable	Permit From Engineering Dept.	Amendment makes ord. apply to all private wells within city limits.
Mapleton	Ord. No. 360	Potential limited application		Applies to a defined area.
Minden	Ord. No. Ch. 93	Acceptable	Permit through City Council	Prohibition if public water is available within 200 feet
Monticello	Ch. 93	Acceptable	Water Superintendent
Montrose	Ord. No. 181 and 187	Case by case		A number of issues re: restrictions within a defined area and based on a case by case determination of an "area of concern".
Moville	Ord. No. 2002-9	Acceptable	Zoning Administrator
New Hampton	53.3	Case by case	No Permitting	Prohibits installation of private wells if public water is available, but there is not a permitting process; also not clear if it applies to non-drinking water wells.
Osage	Ch. 93	Acceptable	Director of Public Works	No wells within city limits but exceptions can be granted in “director of public works” sole discretion. Will make GWP certify that connection to public water is available when granting exception.
Ottumwa	No. 2890-2000	Acceptable	Health Dept
Oxford Junction	Title V, Ch. 12	Acceptable	Public Works Dept.
Pacific Junction	Ch. 9, Section 6.9.1-9	Acceptable	"the City"	Prohibits private well but does allow sandpoint wells for irrigation unless within an area of contamination. City must acknowledge they would not permit a sandpoint well.
Persia		Not Acceptable		Standard ordinance only requiring connection
Polk County	County Ordinance Ch. IV	Case by case	Dept of Health	Require investigation and submission of city ordinance and dual certification if possible.
Preston	Title VI, Ch. 14	Acceptable		City Council makes determination on well prohibition within 300 feet of public water main.
Princeton	Ord. No. 206	Acceptable case by case		No definition of "private well"
Red Oak	Ord. No. 479	Acceptable	Superintendent	Permit required, no private wells within 200 ft
Rock Rapids	Ord. No. 613	Acceptable
Roland	Ord. No. 90.03 as amended, No. 34	Acceptable with special certification letter.		Mandatory connection within city limits, City will acknowledge interpretation that prohibits private well installation as well.
Sac City	Title VI, Ch. 1, Art. 2. Ord. No. 2005-171	Acceptable		Mandatory connection, prohibition if public water within 200 feet.
Sergeant Bluff	Ord. No.501	Acceptable	Superintendent	Superintendent determines if water is "adequate" and reasonably available.
Sheldon	Ch. 90, amended by Ord. No. 002-3130	Acceptable Case by case		Uncertain as to "non-drinking" water wells.
Shenandoah	Ch. 90.20	Acceptable	City Council approves any permit	Ordinance actually requires city engineer to make determination of availability of public water. City Administrator has signed the certification letter is some cases.
Sibley	Ord. No. 575-02, Chapter 7A	Acceptable	Licensed Engineer determines availability	DNR has permitting authority.
Sioux City	No. 99-07725	Acceptable	Environmental Services
Solon	Ch. 93	Acceptable	Permit required from Clerk.	Restricts "private wells", clarify that inclusion of non-drinking water wells.
St. Marys	Ord. No.63	Acceptable		No private wells within city limits
Story City	Ch. 90	Unacceptable		Mandatory connection to public water, no restriction on private wells.
Swea City	Ord. No.589 and Resolution 8-2002	Acceptable		Prohibits private wells within city limits unless public water is not within 500 feet of property or "undue hardship".
Tabor	Ord. No. 168	Acceptable	Mayor to make certification determination
Tama	Ord. No. 519 Title 1, ch. 1, Art 1, Section 6-1.0103	Acceptable
Traer	Resolution 11-07-01-1	Acceptable case by case	City Utility	Private well definition,
Traynor	Ord. No. 125 Title VI, Ch. 1, Art.2, 6-1.0230 & 0231	Acceptable	"City"	Prohibition of non-public and private wells if public water is "reasonably accessible" unless approved by the City.
Vinton	Ch. 93	Acceptable case by case
Webster City	No. 1672	Acceptable		No private wells within 300 feet of public water
Welton	Ch. 3, Section 6-3-8	Acceptable
Whiting	Proposed
Woodward	Ord. No. 06-318	Acceptable	Water Superintendent	No private wells within 500 feet of public water.

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