ARC 8585C

ARC 8585C

Proposing rulemaking related to state parks and recreation areas
and providing an opportunity for public comment

However, one rule from Chapter 63 is proposed to be repromulgated in Chapter 61, and an existing reference in Chapter 61 to Chapter 63 is proposed to be removed. Chapter 61 provides the citizens of Iowa and other visitors who use state parks, recreation areas, and state forest campgrounds with guidance for using these areas.Additionally, during review it was determined that certain definitions needed to be updated. The phrase “Boy Scouts of America” is no longer accurate and has been changed to “Scouts of America.” The terms “recreation areas,” “state parks,” and “state park managed by another governmental entity” have also been modified to add sentences that were inadvertently removed during a prior rulemaking.

This chapter has been reviewed and edited consistent with Executive Order 10 (2023).

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●September 25, 2024

Servicios gratuitos de asistencia lingüística: si habla un idioma que no sea el inglés, los servicios de asistencia lingüística están disponibles de forma gratuita. Comuníquese con el Departamento al jessica.manken@dnr.iowa.gov.

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.

Free language assistance: if you need assistance in a language other than English, contact the Department at jessica.manken@dnr.iowa.govor civilrights@dnr.iowa.gov or by telephone at 515.571.4010 at least seven days before the event.

Servicios gratuitos de asistencia lingüística: si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al jessica.manken@dnr.iowa.gov o civilrights@dnr.iowa.gov o por teléfono a 515.571.4010 al menos siete días antes del evento.

ITEM 1.Amend rule 571—61.1(461A), definitions of “Chaperoned, organized youth group,” “Recreation areas,” “State park” and “State park managed by another governmental entity,” as follows:

“Chaperoned, organized youth group” means a group of persons 17 years of age and under, whichthat is sponsored by and accompanied by adult representatives of a formal organization, including, but not limited to, the Boy Scouts of America or Girl Scouts of America, a church, ora Young Men’s or Young Women’s Christian Association. “Chaperoned, organized youth group” does not include family members of a formal organization.

“Recreation areas” means the following areas that have been designated by action of the commission:

These areas are managed for multiple uses, including public hunting, and are governed by rules established in this chapter as well as in 571—Chapters 51 and 105.

“State park” means areas managed by the state and designated by action of the commission and listed on the department’s website at www.iowadnr.gov.Use and management of these areas are governed by Iowa Code chapter 461A and by other restrictions prescribed on area signs pursuant to Iowa Code section 461A.44.

“State park managed by another governmental entity” means areas designated by action of the commission and listed on the department’s website at www.iowadnr.gov.Use and management of these areas are governed by Iowa Code chapter 461A, by this chapter, and by rules adopted by the managing entity.

ITEM 2.Amend paragraph 61.8(2)“a” as follows:

a.Renters shall pay in full a damage deposit equal to the weekend daily or nightly rental fee for the facility or $50, whichever is greater, by the established deadline for the facility. If a gathering with keg beer takes place in a lodge or open shelter with kitchenette, the damage deposit shall be waived in lieu of a keg damage deposit as specified in 571—subrule 63.5(3) if the keg damage deposit is greater than the lodge or open shelter with kitchenette damage deposit.

ITEM 3.Adopt the following new subrule 61.10(15):

61.10(15) Prohibited areas for kegs. Gatherings at which keg beer is served shall not be conducted in beach areas, campgrounds, or parking areas or in areas immediately adjacent to those areas. Kegs are permitted in day-use lodges and open-air shelters with a kitchenette.

ITEM 4.Rescind and reserve 571—Chapter 63.