The bill amends Section 455B.276 of the Iowa Code to establish new provisions regarding backwater variances for bridge construction or repair. Specifically, it mandates that the director of the Department of Natural Resources (DNR) must issue a variance to any state agency, county, or city if they receive written acknowledgment from all affected landowners who have not provided a flooding easement. This acknowledgment must state that the landowners' properties will be subject to flooding during and after the construction or repair of the bridge.
This change aims to streamline the process for obtaining variances related to backwater requirements, which currently necessitate the acquisition of flooding easements from affected landowners if a bridge exceeds established backwater limits. The bill clarifies that the acknowledgment from landowners does not imply their agreement with the substance of the explanation provided. Overall, the legislation seeks to facilitate bridge construction and repair while addressing the concerns of landowners regarding potential flooding impacts.
Statutes affected: Introduced: 455B.276