Notice of Intended Action

Saylorville multiuse trail, ch 66

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ARC 8587C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rulemaking related to Saylorville multiuse trail
and providing an opportunity for public comment

The Natural Resource Commission (Commission) hereby proposes to rescind Chapter 66, “Saylorville Multiuse Trail,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 461A.35, 481A.5 and 481A.6.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 461A.35, 481A.5 and 481A.6.

Purpose and Summary

Proposed Chapter 66 establishes the rules regarding the Saylorville Multiuse Trail. The chapter identifies hunting, trapping, and area-use restrictions to decrease instances of noncompliance and to ensure the trail and surrounding areas are used in an authorized manner. This chapter has been reviewed and edited consistent with Executive Order 10 (2023).

Regulatory Analysis

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

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

This rulemaking is subject to the waiver provisions of 571—Chapter 11. 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 Commission for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit comments concerning this proposed rulemaking, which must be received by the Department of Natural Resources (Department) no later than 4:30 p.m. on February 6, 2025. Comments should be directed to:

Kim Bohlen
Iowa Department of Natural Resources
6200 Park Avenue, Suite 200
Des Moines, Iowa 50321
Email: kim.bohlen@dnr.iowa.gov

Free language assistance: if you speak a non-English language, we offer you language assistance services free of charge. Contact the Department at kim.bohlen@dnr.iowa.gov.

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 kim.bohlen@dnr.iowa.gov.

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

January 29, 2025
12 noon to 1 p.m.

6200 Park Avenue, Suite 200
Des Moines, Iowa
And via videoconference call

February 6, 2025
4 to 5 p.m.

6200 Park Avenue, Suite 200
Des Moines, Iowa
And via videoconference call

A Google Meet link and conference call number will be provided prior to each of the hearings to those who make a request to take part in the hearing. The request for the hearing link/conference call number shall be submitted to Ms. Bohlen no later than 8 a.m. on January 29 or February 6.

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 kim.bohlen@dnr.iowa.gov or 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 kim.bohlen@dnr.iowa.gov o civilrights@dnr.iowa.gov o por teléfono a 515.571.4010 al menos siete días antes del evento.

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 571—Chapter 66 and adopt the following new chapter in lieu thereof:

CHAPTER 66

SAYLORVILLE MULTIUSE TRAIL

571—66.1(461A,481A) Applicability. This chapter governs activity in the following described areas, all in Polk County, Iowa:

66.1(1) The parking area and trailhead facility located adjacent to the Des MoinesRiver on the north side of Kempton Road (NW 66th Street) locally known as Sycamore Access.

66.1(2) All federally owned property on the east side of the Des Moines River from Sycamore Access south to the north corporate limits of the city of Des Moines. This area is bounded on the west by the ordinary high water line of the Des Moines River and on the east by Morningstar Drive and NW 26th Street.

66.1(3) Federally owned property in Sections 15 and 22, Township 79N, Range 24W, located east of Morningstar Drive and north of the north corporate limits of the city of Des Moines.

571—66.2(456A,481A) Wildlife refuge. The following described areas are established as game refuges and shall be posted with signs designating the boundaries other than the river.

66.2(1) An area along and adjacent to the surfaced multiuse trail from the ordinary high water line of the Des Moines River to a point 50 yards east of the east edge of that trail extending from Sycamore Access to the north boundary of the right-of-way of Interstates 80-35.

66.2(2) All federally owned land on the east side of the Des Moines River from the north right-of-way boundary of Interstates 80-35 south to the north corporate limits of the city of Des Moines.

571—66.3(481A) Hunting and trapping restrictions.

66.3(1) Hunting. Hunting in those areas not designated as wildlife refuge shall be confined to the use of shotguns shooting shot only and use of bow and arrow. The use of any other method is prohibited. All laws and regulations governing hunting and trapping seasons and limits on possession are applicable on these areas.

66.3(2) Trapping.

a.The use of snares is prohibited on the area covered by this rule.

b.Any traps used on the area, including foothold, leghold, body gripping or conibear type must be set completely underwater.

571—66.4(461A) Area use restrictions.

66.4(1) The use of motor vehicles and snowmobiles is prohibited on the hard-surfaced multiuse trail except where signs authorize such use.

66.4(2) Snowmobile use is restricted to the area posted with signs permitting their use.

66.4(3) The use of equine animals is restricted to areas other than the hard-surfaced multiuse trail.

66.4(4) Permits may be issued by the director for special events on specific dates utilizing golf carts or similar transportation along the trail for elderly or handicapped persons.

These rules are intended to implement Iowa Code sections 461A.35, 481A.5 and 481A.6.

Natural Resource Commission


This Organization is a part of the Natural Resources Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 1/29/2025.

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 1/8/2025.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 571-66.1 Rule 571-66.2 Rule 571-66.3 Rule 571-66.4

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 461A.35 Iowa Code 481A.5 Iowa Code 481A.6

Keywords

The following keywords and tags were added to this document. You may click a keyword to view related notices.

Applicability Area use restrictions Hunting Hunting and trapping restrictions Trapping Wildlife refuge
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