ARC 0562D

ARC 0562D

SOIL CONSERVATION AND WATER QUALITY DIVISION[27]

Notice of Intended Action

Proposing rulemaking related to state soil conservation and water quality committee
and providing an opportunity for public comment

        The Soil Conservation and Water Quality Division hereby proposes to rescind Chapter 1, “Regions of Representation for State Soil Conservation and Water Quality Committee Farmer Members,” to adopt a new Chapter 1, “State Soil Conservation and Water Quality Committee,” and to rescind Chapter 2, “Operation of State Soil Conservation and Water Quality Committee,”  Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 161A.4.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 161A.

Purpose and Summary

    This proposed rulemaking rescinds and replaces Chapter 1 and rescinds Chapter 2 to consolidate and update rules governing the State Soil Conservation and Water Quality Committee into a single chapter. The proposed rules retain the existing regional boundaries for farmer members of the Committee while adding provisions governing Committee meetings, public notice and participation, quorum and voting requirements, meeting procedures, records, and the election and duties of officers. The rulemaking provides a more complete and organized framework for the conduct of Committee business.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on June 24, 2026. A public hearing was held on the following date(s):

     ?   July 14, 2026

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any.

Public Comment

     Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Division no later than 4:30 p.m. on October 6, 2026. Comments should be directed to:

Public Hearing

     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rulemaking may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 27—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1

STATE SOIL CONSERVATION AND WATER QUALITY COMMITTEE

27—1.1(161A) Scope.

    1.1(1) This chapter governs the conduct of business by the state soil conservation and water quality committee.

    1.1(2) This chapter delineates the regional boundaries from which the six farmer members of the state soil conservation and water quality committee shall be appointed. The three members representing the mining industry, cities and towns, and tree farming shall be selected from the state at large.

PART 1

OPERATION OF STATE SOIL CONSERVATION AND WATER QUALITY COMMITTEE

27—1.2(161A) Time of meetings. The committee meets quarterly. The chairperson or a majority of the committee may establish meetings at more frequent intervals.

27—1.3(161A) Place of meetings. Meetings are held in the Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa, or at other locations as appropriate. The meeting place will be specified in the agenda.

27—1.4(161A) Notification of meetings. The director of the soil conservation and water quality division shall provide public notice of all meeting dates, locations, and tentative agenda.

    1.4(1) Form of notice. Notice of meetings is given by posting the tentative agenda and by distribution upon request. The agenda lists the time, date, place, and topics to be discussed at the meeting. The agenda shall include an opportunity for the public to address the committee on any issue related to the duties and responsibilities of the committee, except as otherwise provided in these rules.

    1.4(2) Posting of agenda. The tentative agenda for each meeting will be posted on the first floor of the Hoover State Office Building and on the department’s website at iowaagriculture.gov, normally at least five days prior to the meeting. The agenda will be posted at least 24 hours prior to the meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible will be given.

    1.4(3) Distribution of agenda. Agenda will be mailed to anyone who files a request with the director. The request should state whether the agenda for a particular meeting is desired or whether the requester desires to be on the division’s mailing list to receive the agenda for all meetings of the state soil conservation and water quality committee.

    1.4(4) Amendment to agenda. Any amendments to the agenda after posting and distribution under subrules 1.4(2) and 1.4(3) will be posted but will not be mailed. The amended agenda will be posted at least 24 hours prior to the meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible will be given. The committee may adopt amendments to the agenda at the meeting only if good cause exists requiring expeditious discussion or action on such matters. The reasons and circumstances necessitating such agenda amendments, or those given less than 24 hours’ notice by posting, shall be stated in the minutes of the meeting.

    1.4(5) Supporting material. Written materials provided to the committee with the agenda may be examined and copied as provided in the public information rules of the department. The director may require a fee to cover the reasonable cost to the division to provide the copies, in accordance with rules of the department.

27—1.5(161A) Attendance and participation by the public.

    1.5(1) Attendance. All meetings are open to the public. The committee may exclude the public from portions of the meeting only in accordance with Iowa Code section 21.5.

    1.5(2) Participation.

    a.  Items on agenda. Presentations to the committee may be made at the discretion of the chairperson.

    b.  Items not on agenda. Iowa Code section 21.4 requires the committee to give notice of its agenda. The committee will not take action on a matter not on the agenda, except in accordance with subrule 1.4(4). Presentations to the committee on subjects not on the agenda may be made at the discretion of the chairperson. Persons who wish the committee to take action on a matter not on the agenda should file a request with the director to place that matter on the agenda of a subsequent meeting.

    c.  Meeting decorum. The chairperson may limit participation as necessary for the orderly conduct of agency business.

    1.5(3) Use of cameras and recording devices. Cameras and recording devices may be used during meetings provided they do not interfere with the orderly conduct of the meeting. The chairperson may order the use of these devices be discontinued if they cause interference and may exclude those persons who fail to comply with that order.

27—1.6(161A) Quorum and voting requirements.

    1.6(1) Quorum. A majority of the voting members of the committee constitutes a quorum.

    1.6(2) Voting. The concurrence of a majority of the committee members is required to determine any matter before the committee for action, except for a vote to close a meeting, which requires the concurrence of two-thirds of the members of the committee present.

27—1.7(161A) Conduct of meeting.

    1.7(1) General. Meetings will be conducted in accordance with Robert’s Rules of Order unless otherwise provided in these rules. Voting shall be by voice or by roll call. Voting shall be by voice unless a voice vote is inconclusive, a member of the committee requests a roll call, or the vote is on a motion to close a portion of a meeting. The chairpersons shall announce the result of the vote.

    1.7(2) Voice votes. All committee members present should respond when a voice vote is taken. The response shall be aye, nay, or abstain.

    a.  All members present shall be recorded as voting aye on any motions when there are no nay votes or abstentions heard.

    b.  Any member who abstains shall state at the time of the vote the reason for abstaining. The abstention and the reason for it shall be recorded in the minutes.

    1.7(3) Provisions of information. The chairperson may recognize any agency staff member for the provision of information relative to an agenda item.

27—1.8(161A) Minutes, transcripts, and recordings of meetings.

    1.8(1) Recordings. The director shall record by mechanized means each meeting and shall retain the recording for at least one month. Recordings of closed sessions shall be sealed and retained at least one year.

    1.8(2) Minutes. The director shall keep minutes of each meeting. Minutes shall be reviewed and approved by the committee and retained permanently by the director. The approved minutes shall be signed by the director and the committee chairperson.

27—1.9(161A) Officers and duties.

    1.9(1) Officers. The officers of the committee are the chairperson and the vice chairperson.

    1.9(2) Duties. The chairperson shall preside at the meetings and shall exercise the powers conferred upon the chairperson. The vice chairperson shall perform the duties of the chairperson when the chairperson is absent or when directed by the chairperson.

27—1.10(161A) Election and succession of officers.

    1.10(1) Elections. Officers shall be elected in an odd-numbered calendar year during the second quarterly meeting of the committee and shall assume office effective July 1.

    1.10(2) Succession.

    a.  If the chairperson does not serve out the elected term, the vice chairperson shall succeed the chairperson for the remainder of the term. A special election shall be held to elect a new vice chairperson to serve the remainder of the term.

    b.  If the vice chairperson does not serve out the elected term, a special election shall be held to elect a new vice chairperson to serve the remainder of the term.

PART 2

REGIONS OF REPRESENTATION FOR STATE SOIL CONSERVATION AND
WATER QUALITY COMMITTEE FARMER MEMBERS

27—1.11(161A) Regions of representation. The farmer members of the state soil conservation and water quality committee shall be selected from the northwest, north central, northeast, southwest, south central, and southeast regions of the state.

    1.11(1) Northwest region. The northwest region shall contain the counties of Buena Vista, Calhoun, Cherokee, Clay, Dickinson, Emmet, Ida, Lyon, O’Brien, Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, and Woodbury.

    1.11(2) North central region. The north central region shall contain the counties of Boone, Butler, Cerro Gordo, Floyd, Franklin, Grundy, Hamilton, Hancock, Hardin, Humboldt, Kossuth, Marshall, Mitchell, Story, Tama, Webster, Winnebago, Worth, and Wright.

    1.11(3) Northeast region. The northeast region shall contain the counties of Allamakee, Benton, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Howard, Jackson, Jones, Linn, and Winneshiek.

    1.11(4) Southwest region. The southwest region shall contain the counties of Adair, Adams, Audubon, Carroll, Cass, Crawford, Fremont, Greene, Guthrie, Harrison, Mills, Monona, Montgomery, Page, Pottawattamie, Shelby, and Taylor.

    1.11(5) South central region. The south central region shall contain the counties of Appanoose, Clarke, Dallas, Decatur, Jasper, Lucas, Madison, Mahaska, Marion, Monroe, Polk, Poweshiek, Ringgold, Union, Warren, and Wayne.

    1.11(6) Southeast region. The southeast region shall contain the counties of Cedar, Clinton, Davis, Des Moines, Henry, Iowa, Jefferson, Johnson, Keokuk, Lee, Louisa, Muscatine, Scott, Van Buren, Wapello, and Washington.

These rules are intended to implement Iowa Code chapter 161A.

    ITEM 2.  Rescind and reserve 27—Chapter 2.