ARC 8649C - Iowa Administrative Rules

Notice of Intended Action

State park and recreation area fees, ch 16

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ARC 8649C

NATURAL RESOURCES DEPARTMENT[561]

Notice of Intended Action

Proposing rulemaking related to state park and recreation area fees
and providing an opportunity for public comment

The Department of Natural Resources (Department) hereby proposes to rescind Chapter 16, “State Park and Recreation Area Fees,” 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 455A.14.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 455A.14.

Purpose and Summary

Proposed Chapter 16 provides the methodology for how fees for camping, the use of rental facilities, vessel storage, and other special privileges are determined in state park and recreation areas. The overall intent of this rulemaking is to increase revenue for the State’s conservation fund, which is required by law to support Iowa’s state parks system among other public lands and waters but to also maximize occupancy and usage of the Iowa state parks and recreation areas.

The Department has statutory authority to set fees to be reasonably competitive with other parks and recreation areas in close proximity and to increase, reduce, or waive fees in response to promotional events or efforts. The chapter will provide clarity to staff and customers on reservation changes, what fee is charged when there is a recent fee change, and the expectation of alternative fees when political subdivisions are managing the State-owned areas.

This chapter has been reviewed and revised consistent with Executive Order 10 (January 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

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 Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.

Public Comment

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

Jessica Manken
Iowa Department of Natural Resources
6200 Park Avenue, Suite 200
Des Moines, Iowa 50321
Phone: 515.571.4010
Email: jessica.manken@dnr.iowa.gov

Free language access. If you speak a non-English language, we offer you language assistance services free of charge. Contact the Department at jessica.manken@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 jessica.manken@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
February 6, 2025 4 to 5 p.m.	6200 Park Avenue, Suite 200 Des Moines, Iowa And via videoconference

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. Manken no later than 8 a.m. on January 29 or February 6.

Persons who wish to make oral comments at a public hearing will 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.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 jessica.manken@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 561—Chapter 16 and adopt the following new chapter in lieu thereof:

CHAPTER 16

STATE PARK AND RECREATION AREA FEES

561—16.1(455A) Definitions.

“Commission” means the same as defined in Iowa Code section 461A.1(1).

“Department” means the same as defined in Iowa Code section 461A.1(2).

“Director” means the same as defined in Iowa Code section 461A.1(3).

561—16.2(455A) Camping, rental facilities, vessel storage, and other special privileges—fees.

16.2(1) Fee methodology. The director or the director’s designee shall fix and publish on the department’s website base fees for camping, the use of rental facilities, vessel storage and other special privileges at state parks and recreation areas under the jurisdiction of the department and the commission. The director or the director’s designee may consider the following factors when establishing and when adjusting base fees:

a.The specific park’s or recreation area’s amenities.

b.The size and features of a particular campsite or rental facility.

c.Use of campsites, rental facilities, or other special privileges.

d.Day of the week, season of the year, holidays, or other noteworthy occasions or special events.

e.Cost of operations.

f.Other considerations that the director or the director’s designee deems appropriate.

16.2(2) Fees honored. The fee to be charged shall be the fee currently in effect at the time the reservation is made and paid for. Any change to a reservation shall be subject to the fees applicable to the campsite or rental facility, along with any applicable reservation change fee, at the time the reservation is modified.

561—16.3(455A) Areas under management—varying fees. Fees charged for like services in state-owned areas under management by political subdivisions may vary from those established pursuant to this chapter.

These rules are intended to implement Iowa Code section 455A.14.