Iowa Admin. Code r. 571-13.6

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 571-13.6 - Evaluation

(1) In considering complete applications, the department will evaluate the impact of the proposed activities on public use and enjoyment of public lands or waters, on the natural resources in the areas within and surrounding the proposed activities, and the department's present and future intended management for the area against the applicant's identified and reasonable need to undertake the proposed activities and the viable alternatives that may exist with respect to the proposed activities.

(2) In no event shall the department issue a permit for activities that:

a. May result in the taking, possession, transport, import, export, processing, selling, buying, transporting, or receiving any species of fish, plants or wildlife appearing on lists referenced in Iowa Code section 481B.5, unless the permittee meets one of the exemptions enumerated in rule 571-77.4 (481B).

b. Have not received floodplain permits pursuant to Iowa Code chapter 455B and 567-Chapters 70 through 76, if applicable.

c. May impact a littoral or riparian property owner without the express written permission of the littoral or riparian property owner.

d. Do not comply with the review standards defined in rule 571-13.7 (455A,461A,462A).

e. Interfere with department obligations or limitations related to federal funds or agreements or other restrictive covenants that may be applicable to the affected area.

f. Allow fill to be placed beyond the OHWM of waters described in rule 571-13.2 (455A,461A,462A) for purposes of regaining land lost due to erosion.

(3) The department may withhold a permit when the applicant has not obtained all other required permits or licenses necessary to construct and operate the proposed activity.

Iowa Admin. Code r. 571-13.6

ARC 7616B, lAB 3/11/09, effective 4/15/09

Adopted by IAB May 1, 2024/Volume XLVI, Number 22, effective 6/5/2024