ARC 9890C

ARC 9890C

PRESERVES, STATE ADVISORY BOARD FOR[575]

Notice of Intended Action

Proposing rulemaking related to agency realignment
and providing an opportunity for public comment

     The Natural Resource Commission (Commission) hereby proposes to rescind Chapter 1, “Organization and Operation”; to adopt a new Chapter 1, “State Preserves,” and transfer Chapter 1 as 571—Chapter 60; and to rescind Chapter 2, “Management of State Preserves,” and Chapter 3, “Public Records and Fair Information Practices,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 455A.5(6)“a” and 465C.8.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 465C.

Purpose and Summary

    Agency [575] of the Iowa Administrative Code contains chapters regulating State preserves. Preserves are the highest classification of public land and exist to protect significant natural, geological, historical, archaeological, and scenic sites in Iowa. The rules also govern the State Preserves Advisory Board and include provisions for its membership, operation, reporting requirements, and recordkeeping procedures. Recent changes to the Iowa Code eliminated this Board and transferred its authority and duties to the Department of Natural Resources (Department) and the Commission. For this reason, many of the existing provisions in Chapters 1 through 3 are now no longer relevant. This rulemaking proposes to remove those irrelevant provisions and then consolidate the remaining provisions into a single “State Preserves” chapter. This new chapter would then be transferred to the Commission’s jurisdiction under 571—Chapter 60. This chapter has been reviewed and edited consistent with Executive Order 10.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 3, 2025. A public hearing was held on the following date(s):

     ?   September 24, 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.

Public Comment

    Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on February 4, 2026. Comments should be directed to:

    Free Language Access: If you speak a non-English language, the Department offers language assistance services free of charge. Contact the Department at john.pearson@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 john.pearson@dnr.iowa.gov.

Public Hearing

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

     Persons who wish to attend a public hearing or make oral comments at a public hearing should contact John Pearson via email prior to the hearing to receive a conference call number. Persons who wish to make oral comments at the 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 or mobility 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 john.pearson@dnr.iowa.gov or civilrights@dnr.iowa.gov or by telephone at 515.326.0430 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 john.pearson@dnr.iowa.gov o civilrights@dnr.iowa.gov o por teléfono a 515.326.0430 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 575—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1

STATE PRESERVES

575—1.1(465C) Duties as to state preserves. The natural resource commission is charged with the responsibility of locating, identifying, evaluating, and dedicating areas as state preserves.

575—1.2(465C) Types of preserves. There shall be five major classes of preserves.

    1.2(1) Natural preserves. These areas contain natural communities; habitats; native flora and fauna; or endangered, threatened, or rare organisms.

    1.2(2) Archaeological preserves. These areas contain significant deposits left by prehistoric or early historic peoples.

    1.2(3) Historical preserves. These are sites that contain structures or places that are of significance in studying the tenure of humans in Iowa since the advent of the first Euro-American explorers.

    1.2(4) Geological preserves. These are areas that contain rare or distinctive landforms, fossils, stratigraphic sections, mineral deposits or examples of mining history; type or reference sections; or other special features or deposits that represent the events and processes of Iowa’s earth history.

    1.2(5) Scenic preserves. These are areas that contain scenic features of aesthetic, scientific, or educational value.

575—1.3(465C) Management provisions.

    1.3(1) Administration and management. The administrative and management authority for a preserve shall be agreed upon by the commission, the property owner, and the manager.

    1.3(2) Management plan. For each preserve, an authorized representative of the owner shall prepare a management plan in consultation with department staff. The management plan shall be consistent with the articles of dedication and shall include identification of uses of the preserve that are compatible and incompatible with its dedication as a preserve. The management plan shall be amended periodically, as appropriate, in response to new information. The management plan and amendments shall be submitted to the commission for approval. The department shall keep a copy of the current management plan. A management plan for a new preserve shall be submitted for approval by the commission in conjunction with approval of dedication of the preserve. Management plans for existing preserves shall be prepared and submitted for approval as resources are available.

These rules are intended to implement Iowa Code section 465C.8.

    ITEM 2.  Transfer 575—Chapter 1 as 571—Chapter 60.

    ITEM 3.  Rescind and reserve 575—Chapter 2.

    ITEM 4.  Rescind and reserve 575—Chapter 3.