Iowa Admin. Code r. 561-9.1

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 561-9.1 - Authority, purpose and application

(1)Authority. Pursuant to Iowa Code section 558.69, the department is required to adopt rules pertaining to a statement to be submitted to the recorder when recording instruments transferring real property regarding the existence and location of wells, disposal sites, underground storage tanks, and hazardous wastes on the property.

(2)Purpose. The purpose of these rules is to provide the necessary forms, instructions, and explanation of this requirement. It is the purpose of the statute to give notice to the transferee of real property of the condition of the wells, disposal sites, underground storage tanks, hazardous waste disposal, and private burial sites existing on the real estate.

(3)Applicability. These rules shall apply to all persons, corporations, and other legal entities who are transferors or transferees of real property within the state of Iowa as well as all county recorders who are called upon to record instruments transferring real property in Iowa.

(4)When groundwater hazard statement is required. A groundwater hazard statement shall be presented to the county recorder along with the real estate transaction documents only when required by Iowa Code section 558.69 or when otherwise required by Iowa law.

Iowa Admin. Code r. 561-9.1

ARC 7588B, lAB 2/25/09, effective 4/1/09; ARC 7973B, lAB 7/29/09, effective 6/29/09

Amended by IAB January 11, 2023/Volume XLV, Number 14, effective 2/15/2023