Archive for the ‘Iowa legislation’ Category

More new bills introduced

February 4th, 2012

SF 2047 would amend Iowa Code 303.34(3)  to allow a city with an historic preservation commission to appoint one member to the commission who is not a city resident or property owner if that member meets certain professional qualification standards defined by rule by the department of cultural affairs.

HSB 536 would amend Iowa Code 68B.22(4), commonly known as the gift law.  The gift law includes a list of exceptions that makes an otherwise impermissible gift permissible.  Currently, one of the exceptions is for food, beverages,  registration, travel, and lodging for a meeting, which is given  in return for participation in a panel or a speaking engagement at the meeting when the expenses relate directly to the day or days on which the donee has participation or presentation responsibilities. The bill would limit the exception to situations where the public official is an actual speaker, not merely a participant.  The bill would also limit the definition of “entertainment” in another exception so that it does not include “admission to a sporting event, concert, theatrical performance, or other similar type of event or performance….”

SSB 3089 would add a new section to Iowa Code 364.17 that would allow a city to adopt housing code provisions related to sprinkler systems in rental housing. Any such housing code provisions could only apply to newly constructed rental units or substantially renovated rental units. The bill states that “substantially renovated” means renovations that include repairs or improvements to more than 50 percent of the rental unit.

SSB 3090 would create an amendment to Iowa Code 414.1 allowing a city to regulate and restrict the occupancy of residential rental property on the basis of square footage, but disallowing ordinances that regulate the occupancy  of residential rental property based upon the familial or nonfamilial relationships of occupants, presumably in response to the Ames Rental Property Association v. City of Ames (link to summary here) case decided by the Iowa Supreme Court in 2007.

SSB 3091 would rename the Iowa Geological and Water Survey as the Sandrock Center for Land and Water Science.  It would make the director a gubernatorial appointee, rather than an appointee of the director of the DNR as it now stands.  the Sandrock Center is to be located in or near to Iowa City, and the University of Iowa shall cooperate with the director of the center to provide office space and staffing assistance.

Ethics, Historic preservation, Housing, Iowa legislation, Rental ordinances ,

New legislative session. Commercial property taxes, TIF will dominate.

January 24th, 2012

A quick rundown of the bills introduced thus far that have some relevance to planning.  If anyone is aware of others that I may have overlooked please comment below.

HF 20 – Exempts from lining requirements sanitary landfills that accept only construction and demolition waste.

HF 507 – Exempts municipal housing projects from “sanitary and building laws, ordinances, and regulations, including any inspections resulting from such laws, ordinances, and regulations, applicable to the locality in which the project is situated”

HF 613 – restricts the ability of cities and counties to adopt and enforce ordinances which distinguish between persons living in owner-occupied housing and persons living in rental properties, or which distinguishes residential property based on whether it is owner-occupied or leased.

HF 690 – allows a city or county to exempt vacant commercial property (‘vacant’ for at least the six months prior to the adoption of the exemption) from commercial property taxes if the property regularly attracts unauthorized use, is declining in assessed value, or is determined to be a nuisance.

HF 2051 – adds fish to list of animals considered by confinement feeding operations regulations, but also allows a person who exclusively confines fish as part of a confinement feeding operation to elect to comply with the state’s general permitting requirements pertaining to water quality instead of the confined feeding operations regulations.

HSB 500, HF 671, HSB 519 (the Governor’s proposal) all address commercial property tax reform, but in different ways.

HSB 540 – is a comprehensive revision of urban renewal law and TIF.  It is 80 pages long.  What I see in a quick review includes a prohibition against creating any new urban renewal districts after the enactment of the bill.  Chapter 403 would be replaced by new chapter 402, and new ‘project development plans’ would take the place of urban renewal plans.  All existing districts, except for those with a 20-year expiration, would expire June 30, 2023.  New chapter 402 makes some significant changes to TIF, which I will need to detail in a later post.

SF 2014 – allows the DOT or a county to alter, change or deepen a watercourse to reduce flooding without falling under DNR statutes and rules.  Allows use of eminent domain for this purpose.

Iowa legislation ,

Coralville and North Liberty agree to annexation moratorium

October 18th, 2011

The North Liberty and Coralville city councils have approved a 10-year annexation moratorium plan that divides the unincorporated land between the two cities into four zones, including one that only can be annexed by North Liberty and one that can only be annexed by Coralville. A third area is limited to voluntary annexations by Coralville, and the final area cannot be annexed by either city and will remain unincorporated.  This agreement settles a boundary dispute that’s been a point of contention since 2006. While the Coralville city council unanimously approved of the agreement, the North Liberty council’s vote was divided, with three council members voting for the plan and two voting against it. The discussion in North Liberty lasted almost two hours, with residents voicing concerns about transportation issues and the potential for high-density development in North Liberty’s annexation area, “while others simply do not want to be annexed into Coralville,” the North Liberty City Administrator said.

The Iowa City Press-Citizen report about the meetings can be found here.  Annexation moratorium agreements are permitted by Iowa Code sec. 368.4.

Annexation, Iowa legislation , ,

Where’s the legislation?

May 18th, 2011

Wonder why we’ve had so few BLUZ reviews of pending Iowa legislation?  The Register tells us.

Iowa legislation ,

Some land use bills moving forward.

March 23rd, 2011

In a session slowed by a divided house and senate, the Iowa legislature has recently moved some land use-related bills forward.

HF 603 (formerly HF 64) passed the house by a vote of 91-6 on March 22 and has been messaged over to the senate.  It makes a number of changes to eminent domain authority.  Among those, it generally raises the bar for most state agencies by requiring a showing of public use/public purpose by clear and convincing evidence (a higher standard than previous).  It also increases the procedural requirements for condemnation for lakes, prohibits condemnation of land on historic register, limits cities use of eminent domain outside city limits, and severely limits condemnations to aquire recreational lands.  There are more details to it.  It is worth reading.

SF 321 passed the house 91-8.   This bill provides for on-farm processing operations which manufacture products from commodities originating from that farm or another farm such as a dairy, creamery, winery, distillery, or cannery. The bill requires the DNR to adopt standards for the disposal of wastewater or septage from that operation. The standards for disposal of wastewater must provide for disposal by land application, at a wastewater treatment system, through a subsurface absorption system, or through a disposal system that discharges into a public water. The department must also adopt by rule standards for the disposal of septage to a septage lagoon or septage drying bed. 

SF 489, the bill to implement the recommendations of the Smart Planning Taskforce report from November 2010, has been referred to a senate appropriations subcommittee. 

HF 300 has been assigned to a subcommittee in the House Ways and Means Committee.  Its companion bill in the senate (SF 395) has also been referred to a subcommittee of the Senate Ways and Means Committee.  HF 300 would keep platted lots assessed as acreage or unimproved property until improved with permanent construction.  Right now a platted lot is assessed as residential 3 years after platting or upon development, whichever comes first.  From a planning perspective, this bill has the potential to promote sprawl.  In other states with assessment rules similar to what is proposed, it has been shown to result in buy and hold by developers because there is no negative tax consequence to speculation on the fringe of urban areas.

Iowa legislation ,

March 1 legislation status check

March 1st, 2011

The funnel deadline for bills to keep moving (must be passed out of a committee) is Friday, March 4.  SSB 1068, the study bill that carries many of the recommendations of the Smart Planning Taskforce,  passed out of the State Government Committee on February 28 (the link is not to the current as-amended version).  SSB 1068 will now receive a Senate File number.

SF 321 is the successor bill to SF 269, discussed below, concerning wastewater discharges by on-farm processing operations.  It also passed out of committee yesterday.

Bills recently introduced, but not yet through committee:

SF 297 and SF 336 both deal with the notification requirements of meetings of the boards of condominium and homeowners associations.

HF 430 would protect agricultural operations from nuisance suits under certain circumstances (commonly referred to as a right-to-farm law.  NOTE: the Iowa Supreme Court struck down Iowa’s previous right-to-farm law in a nationally-famous case, Bormann v. Kossuth County, in the 1990s).

HF 413 would provide a property tax exemption for commercial property in an urban revitalization area that has been vacant for more than six months and meets other criteria.

HF 388 would no longer allow cities to adopt ordinances providing for the use of a designated amount of the increased local  sales and services tax revenues attributable to retail  establishments in an urban renewal area to fund urban renewal  projects located in that area.  Existing ordinances could be amended or repealed only.

HF 357 would change the authority of city zoning boards of adjustment to grant variances, by allowing the granting of area variances upon a showing of ‘practical difficulties’ rather than unnecessary hardship.

Iowa legislation ,

Smart planning survives. More new bills introduced.

February 22nd, 2011

HF 45  which contained the repeal of Smart Planning as it left the Iowa House of Representatives, was amended and passed by both the Senate and House without the Smart Planning repeal.  Smart Planning lives. 

Other recently introduced bills:

SF 269:  A bill for an act relating to wastewater discharges by on=farm processing operations  (companion bill is HF 295).
SF 246:  increases penalties for knowing violations of the open records and open meetings laws, and creates the Iowa public information board.
HF 341: Eliminates the Climate Change Advisory Council and the requirement that the DNR provide the governor with an annual report on greenhouse gas emissions. 
HF 319: Exempts 100-year old houses from residential property taxes if more than 50 percent of structure is original.
HF 305: Prohibits the DNR, any city, county, or other governnmental entity from using a FEMA floodplain map for any purpose unless that specific map has been approved by the state legislature. 
HF 300:  Provides that a platted lot will be assessed as acreage or unimproved property until the lot is actually improved with permanent construction  (eliminates “or three years from recording of plat, whichever comes first” language from 441.72).

Iowa legislation ,

Legislative update, February 15

February 15th, 2011

The pace of new legislation has slowed.  The following land use-related bills have been introduced in the last week.

HF 269:  Would require a municipality proposing an urban renewal project that utilizes TIF moneys to consider and apply the smart planning principles.

HF 258: Would permit hunting preserves for wild boars.
HF 213: Would require meetings of the governing boards of homeowners associations and horizontal property regimes (condos) to be open to all members of the associations, and require notice thereof.

Iowa legislation ,

More new legislative proposals

February 8th, 2011

New bills as of February 8:

HF 177: A bill for an act allowing for the recall of elected officials of political subdivisions and providing a penalty.

HF 176: A bill for an act relating to the implementation of federal law or policy by state administrative agencies.  This bill prohibits any state agency from establishing rules more stringent than any applicable federal rules on the same subject.

HF 169: A bill for an act relating to zoning restrictions applicable to the location of a winery within the limits of a city.  This requires any city to allow a winery issued a “native wine permit” under Chapter 123 of the Iowa Code in any zoning district “having agricultural or horticultural activities as permitted uses.”

HF 163: A bill for an act relating to disaster mitigation and predisaster planning by providing for comprehensive watershed management planning, creating a watershed management grant program, providing floodplain management regulation incentives, creating a predisaster hazard mitigation grant program, and making appropriations.

Iowa legislation ,

Latest bills introduced

February 2nd, 2011

In addition to the bills discussed in my January 25 post (see below), the following bills have been introduced:

HF 151:  A bill for an act authorizing a rural water district to declare bankruptcy, and including effective date provisions.

HF 135: A bill for an act relating to the division of instructional support program property tax revenue for urban renewal purposes and including effective date and applicability provisions.

SF 115:A bill for an act requiring that certain housing constructed using public funds incorporate minimum universal design standards relating to accessibility.
SF 112: A bill for an act relating to the procedures for approving the use of property as a shooting range (would amend Iowa Code 657.9).

Iowa legislation ,