§ 455B.271 — Modification or cancellation of permits

Iowa § 455B.271

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455B: JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES

Text

Each permit issued under section 455B.265 is irrevocable for its term and for any extension
of its term except as follows:
75 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.274
1. A permit may be modified or canceled by the department with the consent of the
permittee.
2. Subject to appeal to the department of inspections, appeals, and licensing, a permit
may be modified or canceled by the director if any of the following occur:
a. There is a breach of the terms of the permit.
b. There is a violation of the law pertaining to the permit by the permittee or the
permittee’s agents.
c. There is a circumstance of nonuse as provided in section 455B.272.
d. Thedepartmentfindsthatmodificationorcancellationisnecessarytoprotectthepublic
health or safety, to protect the public interests in lands or waters, to require conservation
measures or to prevent substantial injury to persons or property in any manner. Before the
modification or cancellation is effective, the department shall give at least thirty days’ written
notice mailed to the permittee at the permittee’s last known address, stating the grounds of
theproposedmodificationorcancellationandgivingthepermitteeanopportunitytobeheard
on the proposal.
3. By written emergency order to the permittee, the department may suspend or restrict
operations under a permit if the director finds it necessary in an emergency to protect the
public health, to protect the public interest in waters against imminent danger of substantial
injury in any manner or to an extent not expressly authorized by the permit, to implement
the priority allocation system of section 455B.266, or to protect persons or property against
imminent danger. The department may require the permittee to take measures necessary
to prevent or remedy the injury. The emergency order shall state the effective date of the
suspension or restriction and shall be immediately effective on that date unless stayed,
modified or vacated at a hearing before the department or by a court.

Legislative History

[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.28; 82 Acts, ch 1199, §25, 96]