ARC 8610C - Iowa Administrative Rules

Notice of Intended Action

Nonpermanent structures, ch 55

Untitled document

ARC 8610C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rulemaking related to introduction and removal of plant life
and providing an opportunity for public comment

The Natural Resource Commission (Commission) hereby proposes to rescind Chapter 55, “Nonpermanent Structures,” 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 section 461A.4.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 461A.4.

Purpose and Summary

Proposed Chapter 55 regulates the placement, visibility, and identification of ice fishing shelters on public waters. This chapter ensures increased safety on the ice, prevents accidents, and reduces the risk of shelters falling through melting ice.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 24, 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 11, 2024. Comments should be directed to:

Matt Bruner
Iowa Department of Natural Resources
6200 Park Avenue, Suite 200
Des Moines, Iowa 50321
Email: matt.bruner@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 matt.bruner@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 matt.bruner@dnr.iowa.gov.

Public Hearing

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

January 31, 2025 11 a.m.	Via videoconference
February 11, 2025 11 a.m.	Via videoconference

Persons who wish to attend a public hearing or make oral comments at the public hearing should contact Matt Bruner via email prior to the hearing to receive a conference call number.

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 the 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 matt.bruner@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 matt.bruner@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 55 and adopt the following new chapter in lieu thereof:

CHAPTER 55

NONPERMANENT STRUCTURES

571—55.1(461A) Ice fishing shelters.

55.1(1) General. The following rules govern the placement, construction, or erection of ice fishing shelters placed on or over lands or waters under the jurisdiction of the natural resource commission.

55.1(2) Removal. Unattended ice fishing shelters and all material used in their construction shall be removed from on or over lands or waters under the jurisdiction of the natural resource commission before ice melt or March 1 of each year, whichever comes first.

55.1(3) Owner information. All unattended shelters left on the ice or state-owned land shall display the owner’s assigned department number; or full name, street address and city in clearly visible three-inch-high block letters in a color contrasting to the background.

55.1(4) Permit. The owner information displayed in accordance with the provisions of this rule will act as the permit for the placement of ice fishing shelters on or over lands or waters under the jurisdiction of the natural resource commission.

55.1(5) Accessibility. Ice fishing shelters shall not be locked when in use.

55.1(6) Reflectors. All shelters on the ice after sunset shall display reflectors on all external sides in such a manner to enable them to reflect light at all times between the hours of sunset and sunrise.

55.1(7) Shelter prohibited. No person shall own or use any shelter placed on or over lands or waters under the jurisdiction of the natural resource commission in violation of any of the provisions of this rule.

This rule is intended to implement Iowa Code section 461A.4.