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Groundwater Hazard Documentation rule changes effective Feb. 15

  • 1/19/2023 2:29:00 PM
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If you are in an industry using the groundwater hazard statement, circle Feb. 15 on your calendar. The statement will be changing on that date.

The Iowa Department of Natural Resources’ rule changes to the Iowa Administrative Code section 558.69 to align groundwater hazard statements with current legislation will become effective Feb. 15, 2023. 

New legislation, House File 2343, was signed into law in April 2022. The legislation removes the requirement to record a groundwater hazard statement if no relevant conditions are present and allows county recorders to submit statements to the DNR through a web browser provided by the county.

The DNR’s changes include removing language that is now in conflict with the new Iowa Code, referencing a new statement form, and providing the procedure by which county recorders can submit statements to the DNR.

The updated form, which can be found on the Iowa DNR’s website (www.iowadnr.gov/Portals/idnr/uploads/forms/5420960%20Proposed.pdf), makes it clear when a condition is present and provides instruction on when to submit the form and when to include statutory language.  Until February 15, applicable real estate transactions must continue to use the current groundwater hazard statement form.

The full adopted and filed rule making, including the proposed amendments to the rules, is available digitally here: https://www.legis.iowa.gov/docs/aco/arc/6790C.pdf. The rule making, ARC 6790C, was published Jan. 11, 2023.

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