Iowa § 161A.43 Duty of property owners — liability

Iowa Statutes

§ 161A.43 — Duty of property owners — liability

Iowa § 161A.43

Title VAGRICULTURE

Ch. 161ASOIL AND WATER CONSERVATION

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Bluebook

Iowa Code § 161A.43 (2026).

Text

1.To conserve the fertility, general usefulness, and value of the soil and soil resources of this state, and to prevent the injurious effects of soil erosion, it is hereby made the duty of the owners of real property in this state to establish and maintain soil and water conservation practices or erosion control practices, as required by the regulations of the commissioners of the respective soil and water conservation districts. As used in this section, “owners of real property in this state” includes each state government agency, each political subdivision of the state, and each agency of such a political subdivision which has under its control publicly owned land, including but not limited to agricultural land, forests, parks, the grounds of state educational, penal and human service i

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1. To conserve the fertility, general usefulness, and value of the soil and soil resources of
this state, and to prevent the injurious effects of soil erosion, it is hereby made the duty of
the owners of real property in this state to establish and maintain soil and water conservation
practices or erosion control practices, as required by the regulations of the commissioners of
the respective soil and water conservation districts. As used in this section, “owners of real
property in this state” includes each state government agency, each political subdivision of
the state, and each agency of such a political subdivision which has under its control publicly
owned land, including but not limited to agricultural land, forests, parks, the grounds of state
educational, penal and human service institutions, public highways, roads and streets, and
other public rights-of-way.
2. A landowner shall not be liable for a claim based upon or arising out of a claim of
negligent design or specification, negligent adoption of design or specification, or negligent
installation, construction, or reconstruction of a soil and water conservation practice or an
erosion control practice that was installed, constructed, or reconstructed in accordance with
generally recognized engineering or safety standards, criteria, or design theory in existence
at the time of the installation, construction, or reconstruction. A soil and water conservation
practice or an erosion control practice installed, constructed, or reconstructed in compliance
with rules adopted by the division and currently in effect shall be deemed to be installed,
constructed, or reconstructed according to generally recognized engineering or safety
standards, criteria, or design theory in existence at the time of the installation, construction,
or reconstruction. A claim shall not be allowed for failure to upgrade, improve, or alter any
aspect of an existing soil and water conservation practice or erosion control practice to a
new, changed, or altered design standard. This subsection does not apply to a claim based
on a failure of a landowner to upgrade, improve, or alter a soil and water conservation
practice or erosion control practice in violation of law. This subsection does not apply to
claims based upon gross negligence.