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Chapter 70 – Scope of Title—Definitions—Forms—Rules of Practice
These rules are intended to implement Iowa Code Sections 17A.3, 455B.105, 459.102, and 481A.15 and Iowa Code chapter 455B, division III, part 4. Definitions for flood plain management and dam safety terms are included in this chapter as well as the process for requesting approval of a flood plain development permit. This chapter discusses procedures for review of applications and the administrative process for approving or denying a project.
Chapter 71 – Flood Plain or Floodway Development—When Approval is Required
These rules are intended to implement Iowa Code chapter 455B, division III, part 4; and Iowa Code sections 459.102, 459.301 and 481.15. While Iowa Code 455B states that the Iowa DNR has authority over all flood plains in the state of Iowa, this chapter contains and clarifies the administrative thresholds for when approval from the Iowa DNR is obtained for work in the flood plain or floodway. There are different administrative thresholds for different project types: Bridges, culverts, temporary stream crossings, road embankments, channel changes, dams, levees, dikes, waster or water treatment facilities, sanitary landfills, buildings, fill pipeline crossings, stream bank protective devices, boat docks, excavations, and miscellaneous structures, obstructions or deposits.
Chapter 72 – Criteria for Approval
These rules are intended to implement Iowa Code sections 455B.261, 455B.262, 455B.263, 455B.264, 455B.275, 455B.277, 459.102 and 459.301. This chapter contains the specific requirements that must be met for approval of a project or activity in a flood plain or floodway for the entire list of project types in 567-71.
Chapter 73 – Use, Maintenance, Removal, Inspections, and Safety of Dams
The rules in this chapter are intended to implement Iowa Code sections 109.15, 455B.275, 455B.277, 455B.264 and 17A.12. This chapter covers approval procedures for dam operating plans, raising or lowering of impoundment levels, abandonment of dams, and removal of dams. Also covered are the scope, purposes and procedures for a dam safety inspection program.
This chapter is currently unused.
Chapter 75 – Management of Specific Flood Plain Areas
These rules are intended to implement Iowa Code sections 455B.262, 455B.263, 455B.264, 455B.275 to 455B.279(2). The Iowa DNR has jurisdiction over all flood plains and floodways in the state to promote the protection of life and property from floods and to promote the orderly development and wise use of the flood plains of the state. This chapter discusses 3 different types of regulation including issuance of department flood plain management orders, approval of locally adopted flood plain management ordinances, and approval of development on a case-by-case basis. Flooding characteristics, establishment of a floodway, minimum standards for flood plain and floodway uses and preexisting nonconforming development and associated uses are covered. The process for the delegation of authority to local governments by approval of local regulations and the review and approval of variances from local regulations is covered.
The Administrative Procedures Act, Iowa Code chapter 17A, requires all state agencies to promulgate rules for the operation of their programs. The rulemaking process increases agencies’ accountability to the public, allows public participation in the formulation of rules, and provides legislative oversight for program operations.
Below are the recent rulemaking activities that are being considered, have been proposed, or are in the process of being adopted by the DNR for the chapters administered by the Flood Plain Management & Dam Safety section. Many of these proposals are a direct result of the comprehensive five year rule review required by 17A.7(2).
DAM SAFETY RULE UPDATES to Iowa Administrative Code 567-Chapters 70, 71, 72, and 73
We need your comments! Please provide your comments and questions regarding the draft Dam Safety rule changes to email@example.com by August 31, 2018.
As part of an overall rules review schedule, the Iowa Department of Natural Resources is reviewing all rules associated with dam safety in the state. Dam approval, construction, maintenance and inspections are currently written across three different rule chapters and a rule referenced technical bulletin. This rules review effort will focus on combining all rules regarding dam safety into one chapter. The rules review will also look at potential changes that bring the state closer to the national standards as well as clarify and simplify the criteria and processes.
Dam Safety regulation is currently authorized by Iowa Code 455B-275 and 567 Iowa Administrative Code Chapters 70-73. Dam Design requirements are currently contained in DNR Technical Bulletin 16. (referenced in Chapter 72.3)
Draft Dam Safety Rules
This document lays out the framework for the combined rule chapter. Each section indicates the source of the original rule and whether the rule is changed or remains the same.
Rule Updates include:
Change in thresholds for what size dams fall under department regulation. The Department is proposing to align our regulatory thresholds with that of the National Inventory of Dams. This is consistent with what most states choose to regulate. The background of the National Inventory of Dams is provided as an appendix to this draft rule document.
Requirement of Emergency Action Plans for High Hazard dams. This is important to ensure dam owners are prepared in the event of an emergency at their dam.
Less prescriptive dam design requirements and allowing dam designers to use national standards as appropriate.
Allows for reduced freeboard design flood in some situations. An inflow design flood based on an Incremental Consequence Analysis may be developed and submitted to the department for review as an alternative to the design floods stated in Table X. The design flood selected using incremental consequence analysis is the flood above which there is a negligible increase in downstream water surface elevation, velocity, and/or consequences due to failure of the dam when compared to the same flood without failure.
Low Head dams will continue to be in Chapters 71 and 72 as they are analyzed similar to other floodplain obstructions.
Please send your comments to Lori McDaniel at firstname.lastname@example.org. If you would like to request a meeting to discuss the potential rule changes you may call Lori McDaniel at 515-725-8303.
Please note that Lori will be out of the office August 6 - 10th. She will respond to your questions and meeting requests starting August 13th. If you have questions or comments before August 13th, you may contact Jon Garton at email@example.com or 515-725-8360.
There are no active rulemakings at this time.
There are no finalized rulemakings at this time.