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.
Currently, if a bridge construction project exceeds established backwater limits, the DNR may require the relevant authority to obtain a flooding easement from affected landowners. The new language in the bill streamlines this process by allowing for a variance to be issued based on the acknowledgment from landowners, rather than requiring the easement upfront. This change aims to facilitate bridge construction and repair while still addressing the potential flooding impacts on landowners.
Statutes affected: Introduced: 455B.276