Adopted and Filed

State parks, recreation areas, and state forest camping; keg beer rules, amend ch 61; rescind ch 63

Untitled document

ARC 9231C

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rulemaking related to state parks and recreation areas

The Natural Resource Commission (Commission) hereby amends Chapter 61, “State Parks, Recreation Areas, and State Forest Camping,” and rescinds Chapter 63, “Keg Beer Rules,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code sections 461A.3 and 461A.35.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 461A.3 and 461A.35.

Purpose and Summary

Chapter 63 provides guidance on consumption of beer dispensed from a keg in state parks and recreation areas, and designated state forest campgrounds. In compliance with Executive Order 10, Chapter 63 on gatherings involving keg beer is rescinded due to outdated and unnecessary language. This chapter is unnecessarily burdensome in light of other existing processes for gatherings within state parks, recreation areas, and designated state forests.

However, one rule from Chapter 63 has been adopted into Chapter 61, and an existing reference in Chapter 61 to Chapter 63 has been removed. Chapter 61 provides the citizens of Iowa and other visitors who use state parks, recreation areas, and state forest campgrounds with guidance with using these areas.Additionally, during review it was determined that certain definitions needed updated. The phrase “Boy Scouts of America” was no longer accurate and has been modified to “Scouting America.” The phrases “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.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 8, 2025, as ARC 8585C. A public hearing was held on the following date(s):

●January 29, 2025

●February 6, 2025

No one attended the public hearings. No public comments were received.

One change from the Notice has been made. The phrase “Boy Scouts of America” was changed to “Scouts of America” in the Notice and has since been updated to “Scouting America.” This new title has been adopted into the final rulemaking. No other changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Commission on April 8, 2025.

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.

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).

Effective Date

This rulemaking will become effective on June 18, 2025.

The following rulemaking action is adopted:

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 ofScouting 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:

Area

County

Badger Creek Recreation Area

Madison

Brushy Creek Recreation Area

Webster

Clair Wilson Park

Dickinson

Emerson Bay and Lighthouse

Dickinson

Fairport Recreation Area

Muscatine

Lower Gar Access

Dickinson

Marble Beach

Dickinson

Mines of Spain Recreation Area

Dubuque

Pilot Knob State Recreation Area

Winnebago

Pleasant Creek Recreation Area

Linn

Templar Park

Dickinson

Volga River Recreation Area

Fayette

Wilson Island Recreation Area

Pottawattamie

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.

[Filed 4/17/25, effective 6/18/25]

[Published 5/14/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/14/25.

Natural Resource Commission


This Organization is a part of the Natural Resources Department

Official Document

  • State parks, recreation areas, and state forest camping; keg beer rules, amend ch 61; rescind ch 63
  • Published on 5/14/2025
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  • Adopted and Filed

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

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View the Iowa Administrative Bulletin for 5/14/2025.

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Related Notices

Administrative Rule References

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

Rule 571-61.1 Rule 571-61.10(15) Rule 571-61.8(2)"a" Rule 571-63.5(3)

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 Iowa Code 461A.44

Keywords

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Prohibited areas for kegs
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