§ 455B.278 — Permit application procedures

Iowa § 455B.278

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

Text

1. The commission shall adopt, modify, or repeal rules establishing procedures by which
permits required under this part shall be issued, suspended, revoked, modified, or denied.
The rules shall include provisions for application, public notice and opportunity for public
hearing, and contested cases. Public notice of a decision by the director to issue a permit
shall be given in a manner designed to inform persons who may be adversely affected by the
permitted project or activity.
2. Action by the department upon an application for a permit required under this part
may be appealed to the commission by the applicant or any affected person within thirty days
of the department’s action. A hearing before the commission or its designee is a contested
case. The hearings and judicial review of decisions of the commission shall be carried out in
accordance with chapter 17A. Notwithstanding chapter 17A, petitions for judicial review may
be filed in the district court of Polk county or of any county in which the property affected is
located. If the commission, the district court, or the supreme court determines that the action
79 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.281
of the commission shall be stayed, the petitioner shall file an appropriate bond approved by
the court.

Legislative History

[C50, 54, §455A.23; C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.19, 455A.37; 82 Acts, ch 1199, §32, 96]