§ 455B.276 — Floodplains — encroachment limits

Iowa § 455B.276

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

Text

1. The commission may establish and enforce rules for the orderly development and wise
use of the floodplains of any river or stream within the state and alter, change, or revoke the
rules. The commission shall determine the characteristics of floods which reasonably may
be expected to occur and may establish by order encroachment limits, protection methods,
and minimum protection levels appropriate to the flooding characteristics of the stream
and to reasonable use of the floodplains. The order shall fix the length of floodplains to be
regulated at any practical distance, the width of the zone between the encroachment limits
so as to include portions of the floodplains adjoining the channel, which with the channel,
are required to carry and discharge the flood waters or flood flow of the river or stream, and
the design discharge and water surface elevations for which protection shall be provided
for projects outside the encroachment limits but within the limits of inundation. Plans for
the protection of projects proposed for areas subject to inundation shall be reviewed as
plans for flood control works within the purview of section 455B.277. An order establishing
encroachment limits shall not be issued until notice of the proposed order is given and an
opportunity for public hearing is given for the presentation of protests against the order.
In establishing the limits, the commission shall avoid to the greatest possible degree the
evacuation of persons residing in the area of a floodway, the removal of residential structures
occupied by the persons in the area of a floodway, and the removal of structures erected or
§455B.276, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 78
made prior to July 4, 1965, which are located on the floodplains of a river or stream but not
within the area of a floodway.
2. The commission shall cooperate with and assist local units of government in the
establishment of encroachment limits, floodplain regulations, and zoning ordinances
relating to floodplain areas within their jurisdiction. Encroachment limits, floodplain
regulations, or floodplain zoning ordinances proposed by local units of government shall be
submitted to the department for review and approval prior to adoption by the local units of
government. Changes or variations from an approved regulation or ordinance as it relates
to floodplain use are subject to approval by the commission prior to adoption. Individual
applications, plans, and specifications and individual approval orders shall not be required
for works on the floodplains constructed in conformity with encroachment limits, floodplain
regulations, or zoning ordinances adopted by the local units of government and approved
by the commission.

Legislative History

[C50, 54, §455A.21; C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.35; 82 Acts, ch 1199, §30, 96]