Text: HF102            Text: HF104
Complete Bill History


House File 103

HOUSE FILE BY ROBERTS Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to certain commercial dock permits and providing 2 an effective date. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1146YH 81 5 av/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 462A.27A COMMERCIAL DOCK PERMITS 1 2 == PUBLIC HEARING. 1 3 1. A person shall not begin construction of a commercial 1 4 dock or construction of a material modification of an existing 1 5 commercial dock until the person has been granted a permit by 1 6 the department. 1 7 2. The department shall provide an opportunity for public 1 8 comment concerning whether a permit for the construction or 1 9 material modification of a commercial dock should be granted, 1 10 as follows: 1 11 a. The department shall publish a notice that it has 1 12 received an application for a permit in a newspaper having a 1 13 general circulation in the county where the commercial dock 1 14 will be or is located. The notice shall include all of the 1 15 following: 1 16 (1) The name of the person applying to receive the permit. 1 17 (2) The name of the township where the commercial dock is 1 18 to be constructed or modified. 1 19 (3) The proposed specifications and configuration of the 1 20 commercial dock to be constructed or modified, as required by 1 21 the department, by rule. 1 22 (4) The time and place where the application may be 1 23 examined as provided in section 22.2. 1 24 (5) Procedures for providing public comments to the 1 25 department, as provided by the department, by rule. 1 26 b. The department may hold a public hearing to receive 1 27 public comments regarding the application for the permit. 1 28 c. The department shall not make a determination regarding 1 29 the approval or denial of a permit for construction or 1 30 modification of a commercial dock until thirty days following 1 31 publication of the notice. 1 32 3. Any person adversely affected by the issuance of such a 1 33 permit may file a demand for a hearing before the department 1 34 to reconsider the issuance of the permit. A demand for a 1 35 hearing may be made at any time after the issuance of a 2 1 permit. Demands for hearings to reconsider shall show cause 2 2 and shall be made in accordance with procedures established by 2 3 the department by rule. A showing of cause shall include a 2 4 showing of at least one of the following: 2 5 a. The dock is not safe. 2 6 b. The dock is in violation of the terms or conditions of 2 7 the permit. 2 8 c. Private rights have been adversely affected by the 2 9 issuance of the permit. 2 10 d. Continuation of the permit is not in the public 2 11 interest. 2 12 4. For the purposes of this section, "commercial dock" 2 13 means any dock on or over the inland waters of this state 2 14 under the jurisdiction of the commission in which the use or 2 15 operation of the dock involves a fee, directly or indirectly. 2 16 Sec. 2. EFFECTIVE DATE. This Act, being deemed of 2 17 immediate importance, takes effect upon enactment. 2 18 EXPLANATION 2 19 This bill creates a new Code section 462A.27A relating to 2 20 commercial dock permits issued by the department of natural 2 21 resources. For the purposes of the bill, a "commercial dock" 2 22 means any dock on or over the inland waters of this state 2 23 under the jurisdiction of the natural resource commission in 2 24 which the use or operation of the dock involves a fee, 2 25 directly or indirectly. 2 26 The bill provides that a person shall not begin 2 27 construction of a commercial dock or construction of a 2 28 material modification of an existing commercial dock until the 2 29 person has been granted a permit by the department. The bill 2 30 requires the department to provide an opportunity for public 2 31 comment concerning whether the permit should be granted, by 2 32 publishing a specified notice that it has received such an 2 33 application in a newspaper having general circulation in the 2 34 county where the commercial dock will be or is located. The 2 35 department may also hold a public hearing to receive comments 3 1 regarding the application. The department is prohibited from 3 2 making a determination regarding the approval or denial of a 3 3 permit for construction or modification of a commercial dock 3 4 until 30 days following publication of the notice. 3 5 The bill further provides that any person who is adversely 3 6 affected by the issuance of a commercial dock permit may file 3 7 a demand for a hearing before the department to reconsider the 3 8 issuance of the permit. A demand for a hearing to reconsider 3 9 can be made at any time after the issuance of a permit. A 3 10 demand for hearing to reconsider must show cause and be made 3 11 in accordance with procedures established by the department by 3 12 rule. A showing of cause must include a showing of at least 3 13 one of the following: the dock is not safe, the dock is in 3 14 violation of the terms or conditions of the permit, private 3 15 rights have been adversely affected by the issuance of the 3 16 permit, or continuation of the permit is not in the public 3 17 interest. 3 18 The bill takes effect upon enactment. 3 19 LSB 1146YH 81 3 20 av:nh/gg/14
Text: HF102            Text: HF104 Complete Bill History