Unified Development Code Text Amendment Article 5-21.3 Agricultural_Quarries Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Unified Development Code Text Amendment Article 5-21 .3 Agricultural
District and 8-5.10 Zoning Board of Adjustment
SUMMARY: Proof of publication on notice of public hearing to consider a request by the
City of Dubuque to amend the City of Dubuque Code of Ordinances,
Unified Development Code, by amending Article 5-21 .3 Agricultural District
and 8-5.10 Zoning Board of Adjustment Applications and Procedures to
Allow Quarries as a Conditional Use in the AG Agricultural District and the
Zoning Advisory commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by Amending Article 5-21 .3
Agricultural District and 8-5.10 Zoning Board of Adjustment Applications
and Procedures to Allow Quarries as a Conditional Use In The AG
Agricultural District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Staff memo Staff Memo
❑ Staff Materials Supporting Documentation
❑ Ordinance Ordinance
❑ Proof od Publication Zoning Supporting Documentation
Planning Services Department Dubuque
City Hall THE crry of
6
50 West 13Lh Street MAMW �T 7a E
Dubuque,IA 52001-4864 1 I Lr DUB 1J
(563)589-4210 phone
(563)589-4221 fax W,,•mu•nu Masterpiece on the Mississippi
(563)690-6678 TDD
planning@cityofdubuque.org
May 11, 2015
The Honorable Mayor and City Council Members
City of Dubuque
City Hall —50 W. 13" Street
DubuquelA 52001
Applicant: City of Dubuque
Description: Amend the Unified Development Code to establish quarries as a conditional use
in the AG Agricultural District
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review.
Discussion
Associate Planner Kyle Kritz reviewed the proposed text amendment to allow quarries as a
conditional use in the AG Agricultural District. Staff noted that there were no pending requests
to establish a new quarry, and there was only one quarry in the city of Dubuque, and it is
grandfathered.
Staff reviewed that the proposed regulations would only apply to a new quarry or an existing
quarry that bought additional land that they planned to quarry. The proposal to add quarries as a
conditional use in the AG Agricultural District is to establish the regulations proactively.
There were no public comments.
The Zoning Advisory Commission discussed the request, reviewing State Code requirements.
The Commission asked if the owner of the existing quarry had been notified. Staff responded
that letters have been sent to the owners with no responses received.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully
submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Attachment
Service People. Integrity Responsibility Innovation Teamwork
THE CI7YOF Dubuque City of Dubuque
DUB
Planning Services Department
VDubuque, IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
_ 1
rP PG Fax: 563-589-4221
plannlnqftcitypfdubuque.oro
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat []Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat RText Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type orrio nt legibly in in
Property owner(s): Phone:
Address: City: State:—Zip:—
Fax
tate: Zip:Fax#: Cell #: E-mail:
Applicant/Agent: City of Dubuque Planning Services Devaartment Phone: 563-589-4210
Address: 50 W. 13th Street City: Dubuque State: IA Zip: 52001
Fax#: Cell #: E-mail: planninc0cit�ofdubuque org
Site location/address: N/ Neighborhood Association: N/A
Existing zoning: N/A Proposed zoning: N/A District: N/A Landmark: ❑Yes M No
Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): N/A
Total property(lot)area (square feet or acres): N/A
Describe proposal and reason necessary(attach a letter of explanation, if needed): Amend the Unified Development Code to
establish quarries as a conditional use in the Agricultural District
CERTIFICATION: I/we,the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date: 1
Applicant/Agent: Date: _
FOR OFFICE USE ONLY—APPLICATION SUBM AL CHECKLIST
Fee: Received by: '• Date: ocket:
Dubuque
5UUBQTE
bftd
1111 '
Masterpiece on the Mississippi W.W'2.r,,
April 15, 2015
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner
SUBJECT: Proposed Text Amendment—Adding Quarries as a Conditional Use in the
AG Agricultural zoning district.
INTRODUCTION
Within the city of Dubuque, quarries have never been an allowed use under the Zoning
Ordinance or the Unified Development Code. Currently, there is one existing quarry
within the corporate limits of the city of Dubuque on Kaufmann Avenue. The proposed
text amendment would add quarry as a conditional use in the Agricultural District.
These new regulations would only apply to newly proposed quarries. These regulations
would not apply to the existing quarry in the city or to any existing quarry that could be
annexed into the city in the future.
DISCUSSION
The proposed text amendment is to list quarries as a Conditional Use in the Agricultural
District only and to establish regulations for the review and approval of new quarries
within the corporate limits of Dubuque. Currently, the only quarry operating within the
corporate limits is the quarry owned by Becker & Sons Stone Company, Inc. on
Kaufmann Avenue. Planning staff does not know of any pending proposals to establish
a quarry within the city of Dubuque, but Planning staff felt it is important to establish a
review and approval process in the Unified Development Code.
These proposed regulations only apply to new or expanded quarries. An expanded
quarry is one that has acquired additional property beyond the boundaries of the
existing quarry property. As an example, the Becker Quarry would only need a
Conditional Use Permit if they purchased additional property beyond their current
boundaries and intended to quarry the new property.
Planning staff has reviewed quarry regulations that have been established by other
Iowa counties and cities. The proposed regulations borrow language principally from
Dubuque County and Allamakee County, Iowa.
Text Amendment— Quarries as a Conditional Use in AG Page 2
As part of the process of obtaining a Conditional Use Permit, the applicant will need to
submit the following information:
1. Name and address of the person requesting the conditional use permit.
2. The exact legal property description and acreage of the area to be quarried.
3. Submittal of an existing conditions map to include existing vegetation, existing
drainage and permanent water areas, existing structures and existing wells.
4. A layout plan depicting the proposed operations to include structures to be
erected, location of sites to be excavated showing depth of the proposed
excavation, location of vehicle access to the public street system, vehicle
parking, and location of storage of explosives.
5. A soil erosion and sediment control plan.
6. A plan for dust and noise control.
7. Any other information requested by the Zoning Board of Adjustment or City staff.
The following requirements will apply to a new or expanded quarry:
1. Setbacks:
a. Mining and quarry operations, excavation of the quarry face,
processing of materials, and material storage and equipment storage
shall not be conducted closer than 100 feet to the property line or
closer than 300 feet to any residential district.
b. Mining or quarry operations, and excavation of the quarry face, shall
not be conducted closer than 100 feet to the right-of-way line of an
existing or platted street, road or highway, except that excavating
may be conducted within such limits in order to reduce the elevation
thereof in conforming to the existing or platted streets, roadway or
highway.
2. Storage: All materials storage and equipment storage and/or use shall be a
minimum of 100 feet from any public road right-of-way.
3. Parking: The minimum required off-street parking will be one space for each
employee plus one space for each vehicle used on site.
4. Access gates: All access points shall be gated and signed with appropriate
warning messages.
5. Paving Requirements: All access drives and vehicle parking and circulation
areas connecting the quarry operation with public streets must be paved in
Text Amendment — Quarries as a Conditional Use in AG Page 3
a manner acceptable to the City Engineer and City Planner. This
requirement is necessary to prevent quarry material from being deposited
on public streets.
6. Water Resources:
a. The quarry operation shall not be allowed to interfere with surface
water drainage beyond the boundaries of the operation.
b. Surface water originating outside and passing through the quarry
shall, as point of departure from the site, be of equal quality of the
water where it enters the site.
7. Site Plan Approval: A site plan shall be submitted for review and approval
as provided in Article 12 of the Unified Development Code with the following
conditions:
a. After receiving approval for a Conditional Use Permit,
b. Prior to the issuance of any building permit,
C. Prior to commencement of any construction, grading or other land
development activity.
8. State Code Compliance: Applicants desiring to operate a quarry must meet
all requirements from Chapters 208 and 101A of the Code of Iowa as well
as all other pertinent rules, regulations, or administrative policies as
administered by the Office of State Fire Marshal or other state or federal
agencies.
9. Land Rehabilitation: Rehabilitation shall be completed within the standards
prescribed by the Iowa Department of Natural Resources in compliance
with provisions set forth in the Code of Iowa.
Attached to this memorandum are Chapter 208 Mines and Chapter 101A from the Iowa
Code which specifically regulates explosive materials.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the
information provided in this packet, and then make a recommendation to the City
Council on the proposed text amendment to allow quarries as a Conditional Use Permit
in the AG Agricultural District.
KLK/mkr
Attachments
Iowa Code 208 Page 1 of 12
CHAPTER 208 MINES
This chapter not enacted as a part of this title;transferred from chapter 83A in Code 1993
208.1 POLICY.
208.2 DEFINITIONS.
208.3 THROUGH 208.6
208.7 MINING LICENSE.
208.8 SUSPENSION REVOCATION OR REFUSAL TO ISSUE LICENSE.
208.9 REGISTERING MINE SITE.
208.10 VIOLATION --ENFORCEMENT.
208.1 OA PENALTIES.
208.11 JUDICIAL REVIEW.
208.14 BOND.
208.15 AMENDMENT OR CANCELLATION.
208.16 TRANSFER TO NEW OPERATOR.
208.17 RECLAMATION REQUIREMENTS.
208.18 PERIODIC REPORTS.
208.19 RECLAMATION SCHEDULE.
208.20 EXTENSION OF TIME.
208.21 POLITICAL SUBDIVISION ENGAGED IN MINING.
208.23 FORM OF BOND.
208.24 SINGLE BOND FOR MULTIPLE SITES.
208.25 CANCELLATION OF BOND.
208.26 RULES -- INSPECTION OF SITE.
208.28 FORFEITURE OF BOND -- LICENSURE RESTRICTIONS.
208.29 AND 208.30
208.1 POLICY.
It is the policy of this state to provide for the reclamation and
conservation of land affected by the mining of gypsum, clay, stone, I,
sand, gravel, or other ores or mineral solids, except coal, and
thereby to preserve natural resources, protect and perpetuate the
taxable value of property, and protect and promote the health, safety
and general welfare of the people of this state.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.11
Section History: Recent Form
85 Acts, ch 137, §1
C93, § 208.1
96 Acts, ch 1043, §1
208 .2 DEFINITIONS .
When used in this chapter, unless the context otherwise requires:
1. "Administrator" means the administrator of the division of
soil conservation or a designee.
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2. "Affected land" means the area of land from which ''..
overburden has been removed or upon which overburden has been '..
deposited or land which has otherwise been disturbed, changed,
influenced, or altered in any way in the course of mining, including
processing and stockpile areas but not including roads.
3. "Committee" means the state soil conservation committee.
4 . "Division" means the division of soil conservation within
the department of agriculture and land stewardship.
5. "Exploration" means the mining of limitedamounts of any
mineral to determine the location, quantity, or quality of the
mineral deposit. '.....
6. "Highwall" means the unexcavated face of exposed
overburden and mineral in a surface mine.
7. "Mine" or "mine site" means a site where mining is
being conducted or has been conducted in the past. ,
8. "Mineral" means gypsum, clay, stone, sand, gravel, or
other ores or mineral solids, except coal.
9. "Mining" means the excavation of gypsum, clay, stone,
sand, gravel, or other ores or mineral solids, except coal, for sale
or for processing or consumption in the regular operation of a
business and shall include surface mining and underground mining.
10. "Mining operation" means activities conducted by an ',....,
operator on a mine site relative to the excavation of minerals and
shall include disturbing overburden, excavation, and processing of
minerals, stockpiling and removal of minerals from a site, and all
reclamation activities conducted on a mine site.
11. "Operator" means any person, firm, partnership,
corporation, or political subdivision engaged in and controlling a
mining operation.
12. "Overburden" means all of the earth and other materials
which lie above natural mineral deposits and includes all earth and
other materials disturbed from their natural state in the process of
mining.
13. "Pit floor" or "quarry floor" means the lower limit
of a surface excavation to extract minerals.
14 . "Political subdivision" means any county, district, city,
or other public agency within the state of Iowa.
15. "Reclamation" means the process of restoring disturbed
lands to the premined uses of the lands or other productive uses.
16. "Surface mining means mining by removing the overburden
lying above the natural deposits and excavating directly from the
natural deposits exposed, or by excavating directly from deposits
lying exposed in their natural state and shall include dredge
operations conducted in or on natural waterways or artificially
created waterways within the state.
17. "Topsoil" means the natural medium located at the land
surface with favorable characteristics for the growth of vegetation.
18. "Underground mining" means mining by digging or
constructing access tunnels, adits, ramps, or shafts and excavating
directly from the natural mineral deposits exposed.
Section History: Early Form
[C24, 27, 31, 35, 39, § 1244; C46, 50, 54, 58, 62, 66,
82.27; C71, 73, § 82.27, 83A.2; C75, 77, 79, 81, 83A.2]
Section History: Recent Form
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Iowa Code 208 Page 3 of 12
85 Acts, ch 137, §2--5; 86 Acts, ch 1245, § 602, 2050
C93, § 208.2 "'.....
96 Acts, ch 1043, §2
Referred to in § 208.7
208 . 3 THROUGH 208 . 6 Reserved.
208 .7 MINING LICENSE.
An operator shall not engage in mining as defined by section 208.2
without first obtaining a license from the division. Licenses shall
be issued upon approval by the division following application by the
operator. Applications shall be submitted on a form provided by the
division and shall be accompanied by a fee of fifty dollars. Each
applicant shall be required to furnish on the form information
necessary to identify the applicant. Licenses shall expire on
December 31 of each year and shall be renewed by the division upon
application submitted within thirty days prior to the expiration date
and accompanied by a fee of ten dollars. However, a political
subdivision shall not be required to pay a license application or
renewal fee.
Section History: Early Form
[C39, § 1242.5; C46, 50, 54, 58, 62, 66, § 82.22; C71, 73, §
82.22, 83A.7; C75, 77, 79, 81, § 83A.71
Section History: Recent Form
C93, § 208.7 ',.
96 Acts, ch 1043, §3
Referred to in § 208.14
208 .8 SUSPENSION, REVOCATION, OR REFUSAL TO ISSUE
LICENSE.
1. The division may, for repeated or willful violation of any of
the provisions of this chapter, initiate an action to suspend,
revoke, or refuse to issue a mining license.
2. The division shall, by certified mail or personal service,
serve on the operator notice in writing of the charges and grounds
upon which the license is to be suspended, revoked, or will not be
issued. The notice shall include the time and the place at which a
hearing shall be held before the committee, a subcommittee appointed '...
by the committee, or the committee's designee, to determine whether
to suspend, revoke, or refuse to issue the license. The hearing
shall be not less than fifteen nor more than thirty days after the
mailing or service of the notice.
3. An operator whose license the division proposes to suspend,
revoke, or refuse to issue has the right to counsel and may produce
witnesses and present statements, documents, and other information in
the operator's behalf at the hearing.
4. If after full investigation and hearing the operator is found
to have willfully or repeatedly violated any of the provisions of
this chapter, the committee or subcommittee may affirm or modify the
proposed suspension, revocation, or refusal to issue the license.
5. When the committee or subcommittee finds that a license should
be suspended or revoked or should not be issued, the division shall
so notify the operator in writing by certified mail or by personal
service.
a. The suspension or revocation of a license shall become
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effective thirty days after notice to the operator.
b. If the license or renewal fee has been paid and the
committee or subcommittee finds that the license should not be
issued, then the license shall expire thirty days after notice to the
operator.
6. An action by the committee or subcommittee to affirm or modify
the proposed suspension, revocation, or refusal to issue a license
constitutes a final agency action for purposes of judicial review
pursuant to section 208.11 and chapter 17A.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.81
Section History: Recent Form
85 Acts, ch 137, §8
C93, § 208.8
96 Acts, ch 1043, § 4
208 . 9 REGISTERING MINE SITE.
1. At least seven days before beginning mining or removal of
overburden at a mine site not previously registered, an operator
engaging, or preparing to engage, in mining in this state shall
register the mine site with the division. Application for
registration shall be made upon a form provided by the division and
shall be accompanied by a bond or security as provided by section
208.14. A registration renewal shall be filed annually. Application
for renewal of registration shall be on a form provided by the
division. The registration and registration cancellation fees shall
be established by the division in an amount not to exceed the cost of
administering the provisions of this chapter. The application shall
include a description of the tract or tracts of land where the site
is located and the estimated number of acres at the site to be
affected by the mine. The description shall include the section,
township, range, and.county in which the land is located and shall
otherwise describe the land with sufficient certainty to determine
the location and to distinguish the land to be registered from other
lands. The application shall include a statement explaining the
authority of the applicant's legal right to operate a mine on the
land.
2. A mine site registered pursuant to this chapter shall have a
clearly visible sign which identifies the mining operation. Failure
to post and maintain a sign as required by this subsection, within
thirty days after notice from the division, invalidates the
registration.
3. The division shall automatically invalidate all registrations
of an operator who fails to renew the operator's mining license
within a time period set by the division, who has been denied license
renewal by the committee or subcommittee, or whose license has been
suspended or revoked by the committee or subcommittee.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.91
Section History: Recent Form
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Iowa Code 208 Page 5 of 12
85 Acts, ch 137, §9 ',..
C93, § 208. 9 '..
96 Acts, ch 1043, §5
Referred to in § 208.15, 208. 16
208 .10 VIOLATION -- ENFORCEMENT.
1. The administrator may issue an order directing the operator to
desist in an activity or practice which constitutes a violation of
any provision of this chapter or any rules adopted by the division,
or to take such corrective action as may be necessary to ensure that
the violation will cease. If corrective measures sought by the
division are not commenced within the time period designated in the
order, the division may refer the violation to the attorney general
for further action. '....
2. The operator may contest an order issued under this section
through contested case proceedings pursuant to chapter 17A by filing
with the administrator a notice of appeal within thirty days of
receipt of the order for review by the division.
3. At the request of the division, the attorney general shall
institute any legal proceedings, including an action for a civil
penalty, injunction, or temporary injunction, necessary to enforce
the provisions of this chapter or to obtain compliance with this
chapter. Action by the attorney general may be taken in lieu of or
in conjunction with any administrative action by the division.
4. Falsification of information required to be submitted under
this chapter is a violation of this chapter.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.101
Section History: Recent Form
C93, § 208. 10
96 Acts, ch 1043, §6
Referred to in § 208.10A
208 .10A PENALTIES .
1. Any person who violates an order issued pursuant to section
208.10 shall be subject to an administrative penalty determined by
the division not to exceed five thousand dollars per violation.
a. The division shall establish, by rule, a schedule or range
of administrative penalties. The schedule shall provide procedures
and criteria for the assessment of these penalties.
b. Administrative penalties may be assessed in lieu of or in
conjunction with any action initiated by the attorney general on
behalf of the division.
C. All penalties shall be paid within thirty days of the date
that the order assessing the penalty becomes final. An operator who
fails to pay an administrative penalty assessed by a final order of
the division shall pay, in addition, interest at the rate of one and
one-half percent of the unpaid balance of the assessed penalty for
each month or part of a month that the penalty remains unpaid.
d. The attorney general shall, at the request of the
division, institute proceedings to recover all penalties assessed.
2. If any person violates a provision of this chapter, or any
rule or order adopted by the division pursuant to this chapter, the
division may notify the attorney general who shall institute a civil
action in district court for injunctive relief and for the assessment
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of a civil penalty not to exceed ten thousand dollars per violation.
3. Penalties, bond reversions, and bond forfeitures collected
under the provisions of this chapter or any rule adopted by the
division pursuant to this chapter shall be deposited in an
interest-bearing account and may be used for the cost and
administrative expenses of reclamation or rehabilitation activities
for any mine site as deemed necessary and appropriate by the
division. '..
Section History: Recent Form
96 Acts, on 1043, §7
208 . 11 JUDICIAL REVIEW.
Judicial review of the action of the committee or division may be
sought in accordance with the terms of the Iowa administrative
procedure Act, chapter 17A.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A. 111
Section History: Recent Form
C93, § 208.11 ',..
2003 Acts, ch 44, §114
Referred to in § 208.8
208 . 12 Reserved.
208 . 13 Repealed by 96 Acts, ch 1043, § 20. E
208 . 14 BOND.
The application for registration shall be accompanied by a bond or
security as required under section 208.23 or 208.24 . After
ascertaining that the applicant is licensed under section 208.7 and
is not in violation of this chapter with respect to any mine site
previously registered with the division, the division shall register
the mine site and shall issue the applicant written authorization to
operate a mine.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.141
Section History: Recent Form
85 Acts, ch 137, X13
C93, § 208.14
Referred to in § 208.9, 208. 16, 208.24
208 . 15 AMENDMENT OR CANCELLATION.
An operator may at any time apply for amendment or cancellation of
registration of any site. The application for amendment or
cancellation of registration shall be submitted by the operator on a
form provided by the division and shall identify as required under
section 208.9 the tract or tracts of land to be added to or removed
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from registration. If the application is for an increase in the area
of a registered site, the application shall be processed in the same
manner as an application for original registration. If the
application is to cancel registration of any or all of the unmined
part of a site, the division shall after ascertaining that no
overburden has been disturbed or deposited on the land order release
of the bond or the security posted on the land being removed from
registration and cancel or amend the operator's written authorization
to conduct mining on the site. Fees for amendment or cancellation of
registration shall be determined as provided in section 208. 9. No
land where overburden has been disturbed or deposited shall be
removed from registration or released from bond or security under
this section.
Section History: Early Form
(C71, 73, 75, 77, 79, 81, § 83A.151
Section History: Recent Form
C93, § 208.15
96 Acts, ch 1043, §8
Referred to in § 208.23, 208.24
208 .16 TRANSFER TO NEW OPERATOR.
1. If control of a mine site registered pursuant to section 208 .9
is acquired by an operator other than the operator holding
authorization to conduct mining on the site, the new operator shall
within thirty days apply for registration of the site. The
application shall be made and processed as provided under sections
208.9 and 208.14 . The former operator's bond or security shall not
be released until the new operator's bond or security has been
accepted by the division.
2. The division may establish procedures for transferring the
responsibility for reclamation of a mine site to a state agency or
political subdivision, or to a private entity, which intends to use
the site for other purposes. The division, with agreement from the
receiving agency or subdivision, or from a private entity, to
complete adequate reclamation, may approve the transfer of
responsibility, release the bond or security, and terminate or amend
the operator's authorization to conduct mining on the site.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.161
1
Section History: Recent Form
C93, § 208.16
96 Acts, ch 1043, §9; 2004 Acts, ch 1175, §228
Referred to in § 208.17
208.17 RECLAMATION REQUIREMENTS .
1. An operator authorized under this chapter to operate a mine,
after completion of mining operations and within the time specified
in section 208.19, shall:
a. Grade affected lands to slopes having a maximum of one
foot vertical rise for each four feet of horizontal distance. Where
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the original topography of the affected land was steeper than one
foot of vertical rise for each four feet of horizontal distance, the
affected lands may be graded to blend with the surrounding terrain.
However, water impoundments, pit or quarry floors, and highwalls are
not subject to the requirements of this paragraph.
b. Stabilize and revegetate affected lands, except for water
impoundments and pit or quarry floors as approved by the division
before the release of the bond as provided in section 208.19.
C. Properly dispose of all mine-related debris, junk, waste
materials, old equipment, and other materials of similar or like
nature, within the registration boundaries of the site.
2. Notwithstanding subsection 1, overburden piles where
deposition has not occurred for a period of twelve months shall be
stabilized and revegetated.
3. Topsoil that is a part of overburden shall not be destroyed or
buried in the process of mining.
4 . The division may grant a variance from the requirements of
subsections 1 and 2.
5. A bond or security posted under this chapter to assure
reclamation of affected lands shall not be released until all of the
reclamation work required by this section has been performed in
accordance with this chapter and division rules, except when a
replacement bond or security is posted by a new operator or
responsibility is transferred under section 208.16.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.171
Section History: Recent Form
85 Acts, ch 137, X14
C93, § 208.17 ',
96 Acts, ch. 1043, X10
Referred to in § 208. 19, 208.23, 208.28
208 . 18 PERIODIC REPORTS .
An operator shall file with the division a periodic report for
each mine site under registration.
1. The report shall make reference to the most recent
registration of the mine site and shall show:
a. The location and extent of all surface land area on the
mine site affected by mining during the period covered by the report.
b. The extent to which removal of mineral products from all
or any part of the affected lands has been completed.
2. The report shall be filed not later than twelve months after
original registration of the site and prior to the expiration of each
subsequent twelve-month period. A report shall also be filed within
thirty days after completion of all mining operations at the site
regardless of the date of the last preceding report. Forms for the
filing of periodic reports required by this section shall be provided
by the division.
Section History: Early Form
[Ml, 73, 75, 77, 79, 81, § 83A.183
Section History: Recent Form
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Iowa Code 208 Page 9 of 12
85 Acts, ch 137, X15
C93, § 208.18
96 Acts, ch 1043, §11
Referred to in § 208.19
208 .19 RECLAMATION SCHEDULE.
An operator of a mine shall reclaim affected lands .according to a
schedule established by the division, but within a period not to
exceed three years, after the filing of a report required under
section 208.18 indicating the mining of any part of a site has been
completed.
For certain postmining land uses, such as a sanitary landfill, the
division may allow an extended reclamation period.
An operator, upon completion of any reclamation work required by
section 208.17, shall apply to the division in writing for approval
of the work. The division shall within a reasonable time determined
by divisional rule inspect the completed reclamation work. Upon
determination by the division that the operator has satisfactorily
completed all required reclamation work on the land included in the
application, the division shall release the bond or security on the
reclaimed land, shall remove the land from registration, and shall
terminate or amend as necessary the operator's authorization to
conduct mining on the site.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.191
Section History: Recent Form
85 Acts, ch 137, X16; 87 Acts, ch 115, § 11
C93, § 208.19
96 Acts, ch 1043, §12 ',...
Referred to in § 208.17, 208.20, 208.24
208 .20 EXTENSION OF TIME.
The time for completion of reclamation work may be extended upon
presentation by the operator of evidence satisfactory to the division
that reclamation of affected land cannot be completed within the time
specified by section 208.19.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.201
Section History: Recent Form
it
85 Acts, ch 137, X17
C93, § 208.20
96 Acts, ch 1043, §13
208 .21 POLITICAL SUBDIVISION ENGAGED IN MINING.
Any political subdivision of the state of Iowa which engages or
intends to engage in mining shall meet all requirements of this
chapter except the subdivision shall not be required to post bond or
security on registered land and shall not be required to pay
licensing fees.
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IPage 10 of 12
Iowa Code 208
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.217
Section History: Recent Form
C93, § 208.21
96 Acts, ch 1043, X14
208 .22 Repealed by 96 Acts, ch 1043, § 20.
208 .23 FORM OF BOND.
1. A bond filed with the division by an operator pursuant to this
chapter shall be in a form prescribed by the division, payable to the
state of Iowa, and conditioned upon faithful performance by the
operator of all requirements of this chapter and all rules adopted by
the division pursuant to this chapter. The bond shall be signed by
the operator as principal and by a corporate surety licensed to do
business in Iowa as surety. In lieu of a bond, the operator may
deposit cash or certificates of deposit with the division on the same
conditions as prescribed by this section for filing of bonds. The
amount of the bond required to be filed with an application for
registration of a mining site, or to increase the area of a site
previously registered, shall be equal to the cost of reclaiming the
site as required under section 208.17 and estimated by the division.
2. The estimated cost of reclamation of each individual site
shall be determined by the division on the basis of the requirements
of this chapter and other relevant factors including, but not limited
to, topography of the site, mining methods being employed, depth and
composition of overburden, depth of the mineral deposit being mined,
and cost of administration. The division may require an operator to
furnish information necessary to estimate the cost of reclaiming the
site. The amount of the bond may be increased or reduced from time
to time as determined necessary and appropriate by the division or in
accordance with section 208.15.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.231
Section History: Recent Form
85 Acts, ch 137, X18
C93, § 208.23
96 Acts, ch 1043, X15
Referred to in § 208.14, 208 .24
208.24 SINGLE BOND FOR MULTIPLE SITES.
An operator who registers with the division two or more mine sites
may elect, at the time the second or a subsequent site is registered,
to post a single bond in lieu of separate bonds on each site. A
single bond so posted shall be in an amount equal to the estimated
cost of reclaiming all sites the operator has registered, determined
as provided in section 208.23. The penalty of a single bond on two
or more mine sites may be increased or decreased from time to time in
accordance with sections 208.14, 208.15, and 208 .19. When an
operator elects to post a single bond in lieu of separate bonds
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Iowa Code 208 Page 11 of 12
previously posted on individual sites, the separate bonds shall not
be released until the new bond has been accepted by the division.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.241
Section History: Recent Form
85 Acts, ch 137, X19
C93, § 208.24
96 Acts, ch 1043, X16
Referred to in § 208.14
208 .25 CANCELLATION OF BOND.
No bond filed with the division by an operator pursuant to this -
chapter may be canceled by the surety without at least ninety days'
notice to the division. If the license to do business in Iowa of any
surety of a bond filed with the division is suspended or revoked, the
operator, within thirty days after receiving notice thereof from the
division, shall substitute for the surety a corporate surety licensed
to do business in Iowa. Upon failure of the operator to make
substitution of surety as herein provided, the division shall have
the right to suspend the operator's authorization to conduct mining
on the site covered by the bond until substitution has been made.
The commissioner of insurance shall notify the division whenever the
license of any surety to do business in Iowa is suspended or revoked.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.251
Section History: Recent Form
C93, § 208.25
96 Acts, ch 1043, §17 '......
208 .26 RULES -- INSPECTION OF SITE.
The division may adopt rules to implement the provisions of this ,
chapter. The administrator or the administrator's designee may enter
at all times upon any mine site or suspected mine site for the
purpose of determining whether the operator is or has been complying
with the provisions of this chapter. All operators shall cooperate
with the division in seeking methods of operation which will cause
minimum disruption to the land and property adjoining a mining
operation. '.....
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.261
Section History: Recent Form
C93, § 208.26
96 Acts, ch 1043, X18
208 .27 Repealed by 96 Acts, ch 1043, § 20.
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208 .28 FORFEITURE OF BOND -- LICENSURE
RESTRICTIONS.
1. The attorney general, upon request of the division, shall .
institute proceedings for forfeiture of the bond posted by an '...
operator to guarantee reclamation of a site where the operator is in
violation of any of the provisions of this chapter or any rule
adopted by the division pursuant to this chapter. The division shall
have the power to reclaim as required by section 208.17 any mined
land with respect to which a bond has been forfeited, using the
proceeds of the forfeiture to pay for the necessary reclamation work
and associated administrative costs.
2. If the proceeds from bond forfeiture proceedings are
insufficient to fully satisfy the estimated cost of reclaiming
disturbed lands as required under section 208.17 and division rules,
the operator shall be liable for remaining costs. The division may
complete, or authorize completion of, the necessary reclamation and
may authorize the attorney general to bring a civil action to recover
from the operator all actual or estimated costs of reclamation in
excess of the amount forfeited or require the operator to complete
reclamation. ''...
3. If the amount of bond forfeited exceeds the amount necessary
to complete reclamation, the unused funds shall be returned to the
operator or the surety, as appropriate.
Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.281
Section History: Recent Form
85 Acts, ch 137, X20
C93, § 208.28
96 Acts, ch 1043, X19
208.29 AND 208 .30 Repealed by 96 Acts, ch 1043,
20.
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Iowa Code 101A Page 1 of 8
CHAPTER 101A EXPLOSIVE MATERIALS;
101A.1 DEFINITIONS.
101A.2 COMMERCIAL LICENSE -- HOW ISSUED -- VIOLATION.
101A.3 USER'S PERMIT--HOW ISSUED -- VIOLATION.
101A.4 REFUSAL TO GRANT LICENSE OR PERMIT-- APPEAL.
101A.5 RULES.
101A 6 NOTICE OF STORAGE REQUIRED.
101A.7 INSPECTION OF STORAGE FACILITY.
101A.8 REPORT OF THEFT OR LOSS REQUIRED.
101A.9 DISPOSAL REGULATED.
101A.10 PERSONS AND AGENCIES EXEMPT.
101 A.l l EXPLOSIVE MATERIALS EXEMPT.
101A.12 DEPOSIT AND USE OF FEES.
101A.13 LOCAL ORDINANCES.
101A.14 CRIMINAL PENALTIES.
101A. 1 DEFINITIONS .
As used in this chapter:
1. "Blasting agent" means any material or mixture consisting
of a fuel and oxidizer, intended for blasting but not otherwise
classified as an explosive, in which none of the finished products as - ,
mixed and packaged for use or shipment can be detonated by means of a
number eight test blasting cap when unconfined.
2. "Commercial license" or "license" means a license
issued by the state fire marshal pursuant to this chapter.
3. "Explosive" means any chemical compound, mixture or
device, the primary or common purpose of which is to function by
explosion with substantially instantaneous release of gas and heat,
unless such compound, mixture, or device is otherwise specifically
classified by the United States department of transportation. The
term "explosive" includes all materials which are classified as a
class 1, division 1. 1, 1.2, 1.3, or 1.4 explosive by the United
States department of transportation, under 49 C.F.R. § 173.50, and
all materials classified as explosive materials under 18 U.S.C. §
841, and includes, but is not limited to, dynamite, black powder,
pellet powders, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters, squibs,
cordeau detonative fuse, instantaneous fuse, igniter cord, igniters,
smokeless propellant, cartridges for propellant-actuated power
devices, cartridges for industrial guns, and overpressure devices,
but does not include "fireworks" as defined in section 727.2 or
ammunition or small arms primers manufactured for use in shotguns,
rifles, and pistols. Commercial explosives are those explosives
which are intended to be used in commercial or industrial operations.
4. "Explosive materials" means explosives or blasting agents.
5. "Import" and "importation" means transfer into the
state of Iowa.
6. "Licensee" means a person holding a- commercial license
issued by the state fire marshal pursuant to this chapter.
7. "Magazine" means any building or structure, other than an
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i
Iowa Code IOTA Page 2 of R
explosives manufacturing building, approved by the state fire marshal
or the fire marshal's designated agent for the storage of explosive
materials.
8. "Overpressure device" means any device constructed of a
container or improvised container which is filled with a mixture of
chemicals or sublimating materials or gases that generate an
expanding gas, which is designed or constructed to cause the
container to break, fracture, or rupture in a violent manner capable
of causing death, serious injury, or property damage.
9. "Permittee" means a person holding a user's permit issued
pursuant to this chapter.
10. "Person" means any individual, corporation, partnership,
or association.
11. "User's permit" or 'permit" means a permit issued by
a county sheriff or chief of police of a city of ten thousand or more
population, pursuant to this chapter.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.11
Section History: Recent Form
2008 Acts, ch 1147, §1, 2
101A.2 COMMERCIAL LICENSE -- HOW ISSUED --
VIOLATION.
1. The state fire marshal shall issue commercial licenses for the
manufacture, importation, distribution, sale, and commercial use of
explosives to persons who, in the state fire marshal's discretion
are of good character and sound judgment, and have sufficient
knowledge of the use, handling, and storage of explosive materials to
protect the public safety. Licenses shall be issued for a period of
one year, but may be issued for shorter periods, and may be revoked
or suspended by the state fire marshal for any of the following
reasons:
a. Falsification of information submitted in the application
for a license.
b. Proof that the licensee has violated any provisions of
this chapter or any rules prescribed by the state fire marshal
pursuant to the provisions of this chapter.
2. Licenses shall be issued by the state fire marshal upon
payment of a fee of sixty dollars, valid for a period of one calendar
year, commencing on January 1 and terminating on December 31;
however, an initial license may be issued during any calendar year
for the number of months remaining in such calendar year, computed to
the first day of the month when the application for the license is
approved. The license fee shall be charged on a pro rata basis for
the number of months remaining in the year of issue. Applications
for renewal of licenses shall be submitted within thirty days prior
to the license expiration date and shall be accompanied by payment of '..
the prescribed annual fee.
i
3. Except as permitted in section 101A.3 and sections 101A. 9 to
101A.11, it shall be unlawful for any person to willfully
manufacture, import, store, detonate, sell, or otherwise transfer any
explosive materials unless such person is the holder of a valid
license issued pursuant to this section.
4. Commercial dealers having a federal firearms license shall be
exempt from the requirement or the commercial license requirement of
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Iowa Code 101A Page 1 of 8
CHAPTER 101A EXPLOSIVE MATERIALS;
10tA.1 DEFINITIONS.
101A.2 COMMERCIAL LICENSE --HOW ISSUED --VIOLATION.
101A.3 USER'S PERMIT --HOW ISSUED -- VIOLATION.
101A.4 REFUSAL TO GRANT LICENSE OR PERMIT--APPEAL.
101A.5 RULES.
101A.6 NOTICE OF STORAGE REQUIRED.
101A.7 INSPECTION OF STORAGE FACILITY.
101A.8 REPORT OF THEFT OR LOSS REQUIRED.
101A.9 DISPOSAL REGULATED.
101A.10 PERSONS AND AGENCIES EXEMPT.
101A.1 l EXPLOSIVE MATERIALS EXEMPT.
101A.12 DEPOSIT AND USE OF FEES.
101A.13 LOCAL ORDINANCES.
101A.14 CRIMINAL PENALTIES.
101A.1 DEFINITIONS.
As used in this chapter:
1. "Blasting agent" means any material or mixture consisting
of a fuel and oxidizer, intended for blasting but not otherwise
classified as an explosive, in which none of the finished products as
mixed and packaged for use or shipment can be detonated by means of a
number eight test blasting cap when unconfined.
2. "Commercial license" or "license" means a license
issued by the state fire marshal pursuant to this chapter.
3. "Explosive" means any chemical compound, mixture or
device, the primary or common purpose of which is to function by
explosion with substantially instantaneous release of .gas and heat,
unless such compound, mixture, or device is otherwise specifically
classified by the United States department of transportation. The
term "explosive" includes all materials which are classified as a
class 1, division 1.1, 1.2, 1.3, or 1.4 explosive by the United
States department of transportation, under 49 C.F.R, § 173.50, and
all materials classified as explosive materials under 18 U.S.C. §
841, and includes, but is not limited to, dynamite, black powder,
pellet powders, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters, squibs,
cordeau detonative fuse, instantaneous fuse, igniter cord, igniters,
smokeless propellant, cartridges for propellant-actuated power
devices, cartridges for industrial guns, and overpressure devices,
but does not include "fireworks" as defined in section 727.2 or
ammunition or small arms primers manufactured for use in shotguns,
rifles, and pistols. Commercial explosives are those explosives
which are intended to be used in commercial or industrial operations..
4. "Explosive materials" means explosives or blasting agents.
5. "Import" and "importation" means transfer into the
state of Iowa.
6. "Licensee" means a person holding a commercial license
issued by the state fire marshal pursuant to this chapter.
7. "Magazine" means any building or structure, other than an
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Iowa Code IOTA Page 3 of 8
this chapter for importation, distribution, sale, transportation,
storage and possession of smokeless powder propellants or black
sporting powder propellants provided that such dealer must conform
and comply to rules, or ordinances of federal, state or city
authorities having jurisdiction of such powder.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.21
Section History: Recent Form
84 Acts, ch 1074, § 1
Referred to in § 101A.3, 101A. 14
101A.3 USER' S PERMIT -- HOW ISSUED -- VIOLATION.
1. User's permits to purchase, possess, transport, store, and
detonate explosive materials shall be issued by the sheriff of the
county or the chief of police of a city of ten thousand population or
more where the possession and detonation will occur. If the
possession and detonation are to occur in more than one county or
city, then such permits must be issued by the sheriff or chief of
police of each of such counties or cities, except in counties and
cities in which the explosives are possessed for the sole purpose of
transporting them through such counties and cities. A permit shall
not be issued unless the sheriff or chief of police having
jurisdiction is satisfied that possession and detonation of explosive
materials is necessary to the applicant's business or to improve the
applicant's property. Permits shall be issued only to persons who,
in the discretion of the sheriff or chief of police, are of good
character and sound judgment, and have sufficient knowledge of the
use and handling of explosive materials to protect the public safety.
The state fire marshal shall prescribe, have printed, and distribute
permit application forms to all local permit issuing authorities.
2. The user's permit shall state the quantity of explosive
materials which the permittee may purchase, the amount the permittee
may have in possession at any one time, the amount the permittee may
detonate at any one time, and the period of time during which the
purchase, possession, and detonation of explosive materials is
authorized. The permit shall also specify the place where detonation
may occur, the location and description of the place where the
explosive materials will be stored, if such be the case, and shall
contain such other information as may be required under the rules and
regulations of the state fire marshal. The permit shall not
authorize purchase, possession, and detonation of a quantity of
explosive materials in excess of that which is necessary in the
pursuit of the applicant's business or the improvement of the
permittee's property, nor shall such purchase, possession, and
detonation be authorized for a period longer than is necessary for ,,
the specified purpose. In no event shall the permit be valid for
more than thirty days from date of issuance but it may be renewed
upon proper showing of necessity.
3. The user's permit may be revoked for any of the reasons
specified in section 101A.2, subsection 1, for suspension or
revocation of a commercial license.
4. It shall be unlawful for a person to willfully purchase,
possess, transport, store, or detonate explosive materials unless
such person is the holder of a valid permit issued pursuant to this
section or a valid license issued pursuant to section 101A.2.
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Iowa Code 101A Page 4 of 8
5. The sheriff or the chief of police shall charge a fee of three
dollars for each permit issued. The money collected from permit fees
shall be deposited in the county treasury or the general fund of the
city.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.31
Section History: Recent Form
83 Acts, ch 123, § 53, 209; 84 Acts, ch 1074, § 2
Referred to in § 101A.2, 101A. 14, 331.427, 331. 653
101A. 4 REFUSAL TO GRANT LICENSE OR PERMIT --
APPEAL.
1. Judicial review of the action of the state fire marshal may be
sought in accordance with the terms of the Iowa administrative
procedure Act, chapter 17A. ',
2. A person who is refused issuance of a user's permit by a local
permit issuing authority may appeal the authority's decision to the
county board of supervisors or the city council of the county or city
where the permit is sought, and de novo to the district court.
i
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.4]
Section History: Recent Form
84 Acts, ch 1074, § 3; 2003 Acts, ch 44, §114
101A.5 RULES.
The state fire marshal shall prepare, adopt, and distribute to '..
permit-issuing authorities and other interested persons, without
cost, rules in accordance with provisions of chapter 17A, pertaining
to the manufacture, transportation, storage, possession, and use of j
explosive materials. Rules adopted by the state fire marshal shall '',
be compatible with, but not limited to the national fire protection
association's pamphlet number 495 and federal rules pertaining to
commerce, possession, storage, and use of explosive materials. Such
rules shall:
1. Prescribe reasonable standards for the safe transportation and '....
handling of explosive materials so as to prevent accidental fires and
explosions and prevent theft and unlawful or unauthorized possession
of explosive materials.
2. Prescribe procedures and methods of inventory so as to assure
accurate records of all explosive materials manufactured or imported
into the state and records of the disposition of such explosive
materials, including records of the identity of persons to whom sales
and transfers are made, and the time and place of any loss or
destruction of explosive materials which might occur. '..
3. Prescribe reasonable standards for the safe storage of
explosive materials as may be necessary to prevent accidental fires
and explosions and prevent thefts and unlawful or unauthorized
possession of explosive materials.
4 . Require such reports from licensees, permittees, sheriffs, and '..
chiefs of police as may be necessary for the state fire marshal to
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Iowa Code l OIA Page 3 of 8
this chapter for importation, distribution, sale, transportation,
storage and possession of smokeless powder propellants or black
sporting powder propellants provided that such dealer must conform
and comply to rules, or ordinances of federal, state or city
authorities having jurisdiction of such powder.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.21 j
Section History: Recent Form
84 Acts, on 1074, § 1 ',
Referred to in § 101A.3, 101A. 14 ',..
101A. 3 USER' S PERMIT -- HOW ISSUED -- VIOLATION.
1. User's permits to purchase, possess, transport, store, and
detonate explosive materials shall be issued by the sheriff of the
county or the chief of police of a city of ten thousand population or
more where the possession and detonation will occur. If the
possession and detonation are to occur in more than one county or
city, then such permits must be issued by the sheriff or chief of
police of each of such counties or cities, except in counties and
cities in which the explosives are possessed for the sole purpose of
transporting them through such counties and cities. A permit shall
not be issued unless the sheriff or chief of police having
jurisdiction is satisfied that possession and detonation of explosive
materials is necessary to the applicant's business or to improve the
appli-cant's property. Permits shall be issued only to persons who,
in the discretion of the sheriff or chief of police, are of good
character and sound judgment, and have sufficient knowledge of the
use and handling of explosive materials to protect the public safety.
The state fire marshal shall prescribe, have printed, and distribute
permit application forms to all local permit issuing authorities.
2. The user's permit shall state the quantity of explosive
materials which the permittee may purchase, the amount the permittee
may have in possession at any one time, the amount the permittee may
detonate at any one time, and the period of time during which the
purchase, possession, and detonation of explosive materials is
authorized. The permit shall also specify the place where detonation
may occur, the location and description of the place where the
explosive materials will be stored, if such be the case, and shall
contain such other information as may be required under the rules and
regulations of the state fire marshal. The permit shall not
authorize purchase, possession, and detonation of a quantity of
explosive materials in excess of that which is necessary in the
pursuit of the applicant's business or the improvement of the
permittee's property, nor shall such purchase, possession, and
detonation be authorized for a period longer than is necessary for
the specified purpose. In no event shall the permit be valid for
more than thirty days from date of issuance but it may be renewed
upon proper showing of necessity.
3. The user's permit may be revoked for any of the reasons
specified in section 101A.2, subsection 1, for suspension or
revocation of a commercial license.
4. It shall be unlawful for a person to willfully purchase,
possess, transport, store, or detonate explosive materials unless
such person is the holder of a valid permit issued pursuant to this
section or a valid license issued pursuant to section 101A.2.
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Iowa Code 101 A Page 5 of 8
discharge the fire marshal's duties pursuant to this chapter.
5. Prescribe the form and content of license and permit
applications.
6. Conduct such inspections of licensees and permittees as may be
necessary to enforce the provisions of this chapter.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.51
Section History: Recent Form
84 Acts, ch 1074, § 4
Referred to in § 331.653
101A.6 NOTICE OF STORAGE REQUIRED.
A licensee shall notify the sheriff of the county and the local
police authority of any city in which explosive materials will be
stored, and shall also notify such authorities when the storage is
terminated.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.67
Referred to in § 101A.14
101A.7 INSPECTION OF STORAGE FACILITY.
The licensee's or permittee's explosive storage facility shall be
inspected at least once a year by a representative of the state fire
marshal's office, except that the state fire marshal may, at those
mining operations licensed and regulated by the United States
department of labor, accept an approved inspection report issued by
the United States department of labor, mine safety and health
administration, for the twelve-month period following the issuance of
the report. The state fire marshal shall notify the appropriate city
or county governing board of licenses to be issued in their
respective jurisdictions pursuant to this chapter. The notification
shall contain the name of the applicant to be licensed, the location
of the facilities to be used in storing explosives, the types and
quantities of explosive materials to be stored, and other information '..
deemed necessary by either the governing boards or the state fire
marshal. The facility may be examined at other times by the sheriff
of the county where the facility is located or by the local police
authority if the facility is located within a city of over ten
thousand population and if the sheriff or city council considers it
necessary.
If the state fire marshal finds the facility to be improperly
secured, the licensee or permittee shall immediately correct the
improper security and, if not so corrected, the state fire marshal
shall immediately confiscate the stored explosives. Explosives may
be confiscated by the county sheriff or local police authority only
if a situation that is discovered during an examination by those
authorities is deemed to present an immediate danger. If the
explosives are confiscated by the county sheriff or local police
authority, they shall be delivered to the state fire marshal. The
state fire marshal shall hold confiscated explosives for a period of
thirty days under proper security unless the period of holding is
shortened pursuant to this section.
If the licensee or permittee corrects the improper security within
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Iowa Code 101A Page 6 of 8
the thirty-day period, the explosives shall be returned to the
licensee or permittee after correction and after the licensee or
permittee has paid to the state an amount equal to the expense
incurred by the state in storing the explosives during the period of ',....
confiscation. The amount of expense shall be determined by the
state fire marshal.
If the improper security is not corrected during the thirty-day
period, the state fire marshal shall dispose of the explosives and
the license or permit shall be canceled. A canceled license or
permit shall not be reissued for a period of two years from the date
of cancellation.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.71
Section History: Recent Form
83 Acts, ch 123, § 54, 55, 209; 84 Acts, ch 1074, § 5; 86 Acts, ch
1029, § 1
Referred to in § 331. 427, 331.653
101A. 8 REPORT OF THEFT OR LOSS REQUIRED.
Any theft or loss of explosive materials, whether from a storage
magazine, a vehicle in which they are being transported, or from a
site on which they are being used, or from any other location, shall
immediately be reported by the person authorized to possess such
explosives to the local police or county sheriff. The local police
or county sheriff shall immediately transmit a report of such theft
or loss of explosive materials to the state fire marshal.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A. 81
Section History: Recent Form
84 Acts, ch 1074, § 6
Referred to in § 101A. 14, 331.653
101A. 9 DISPOSAL REGULATED.
No person shall abandon or otherwise dispose of any explosives in
any manner which might, as the result of such abandonment or
disposal, create any danger or threat of danger to life or property.
Any person in possession or control of explosives shall, when the
need for such explosives no longer exists, dispose of them in
accordance with rules prescribed by the state fire marshal.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A. 9]
Section History: Recent Form
i
84 Acts, ch 1074, § 7 �
Referred to in § 101A.2, 101A. 14
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Iowa Code 10 IA Page 7 of 8
101A. 10 PERSONS AND AGENCIES EXEMPT.
This chapter shall not apply to the transportation and use of
explosive materials by the regular military or naval forces of the
United States, the duly organized militia of this state,
representatives of the state fire marshal, the state patrol, division
of criminal investigation, local police departments, sheriffs
departments, and fire departments acting in their official capacity;
nor shall this chapter apply to the transportation and use of
explosive materials by any peace officer to enforce provisions of
this chapter when the peace officer is acting pursuant to such
authority, however, other agencies of the state or any of its
political subdivisions desiring to purchase, possess, transport, or
use explosive materials for construction or other purposes shall be
required to obtain user's permits.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.10]
Section History: Recent Form
98 Acts, ch 1074, §17; 2005 Acts, ch 35, X31
Referred to in § 101A.2
101A.11 EXPLOSIVE MATERIALS EXEMPT.
This chapter shall not apply to the possession or use of
twenty-five pounds or less of smokeless powder, or five pounds or
less of black sporting powder, provided that:
1. Smokeless powder is intended for handloading or reloading of
ammunition for small arms with bores equivalent to ten gauge or less.
2. Black sporting powder is intended for handloading or reloading '..
ammunition for small arms with bores equivalent to ten gauge or less,
loading black ammunition, loading cap and ball revolvers, loading
muzzle loading arms, or loading muzzle loading cannon.
3. All such powder is for private use and not for commercial
resale, and in the case of black sporting powder or smokeless powder
the sharing with or disposition to another person is permitted if
otherwise lawful.
4 . The storage, use, and handling of smokeless and black powder
conforms to rules or ordinances of authorities having jurisdiction
for fire prevention and suppression purposes in the area of such
storage, use, and handling. '..
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.111
Referred to in § 101A.2
101A. 12 DEPOSIT AND USE OF FEES.
The fees collected by the state fire marshal in issuing licenses
shall be deposited in the state general fund.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.121
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Iowa Code I01A Page 8 of 8
101A. 13 LOCAL ORDINANCES.
Nothing in this chapter shall limit the authority of cities to
impose additional regulations governing the storage, handling, use,
and transportation of explosive materials within their respective
corporate limits, however, such regulations shall be at least as
stringent as and not inconsistent with the provisions of this chapter
and the rules promulgated pursuant to this chapter.
Section History: Early Form
[C73, 75, 77, 79, 81, § 101A.131
101A. 14 CRIMINAL PENALTIES.
1. Any person who violates the provisions of section 101A.2, '.....
subsection 3, or section 101A.3, subsection 4, commits a public
offense and, upon conviction, shall be guilty of a class "C" felony.
2. Any person who violates the provisions of section 101A.6,
101A.8 or 101A. 9 or any of the rules adopted by the state fire
marshal pursuant to the provisions of this chapter, commits a simple ''..
misdemeanor. '.
Section History: Early Form
[C73, 75, 77, 79, 81, 101A. 141
Section History: Recent Form
84 Acts, ch 1074, § 8
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Prepared by: Laura Carstens, City Planner, Address: City Hall, 50 W. 13th St. Telephone: 589-4120
Return to: Kevin Firnstahl, City Clerk, Address: 50 W. 13t St. Telephone: 589-4121
ORDINANCE NO. 35-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 5-21.3 AGRICULTURAL
DISTRICT AND 8-5.10 ZONING BOARD OF ADJUSTMENT APPLICATIONS AND
PROCEDURES TO ALLOW QUARRIES AS A CONDITIONAL USE IN THE AG
AGRICULTURAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Article 5-21.3 is hereby amended as follows:
5-21.3: Conditional Uses: The following may be permitted in AG District subject
to the provisions of Section 8-5 of this Title:
Kennel
Retail sale of agricultural products
Wind energy conversion systems
Quarry
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Article 8-5.10 is hereby amended as follows:
8-5.10 List of Conditional Uses:
Quarry may be allowed in the AG Agricultural District in accordance with the
following conditions:
Submittal Requirements:
1. Name and address of the person/company requesting the conditional use
permit.
2. The legal property description and acreage of the area to be quarried.
3. Submittal of an existing conditions map to include existing vegetation,
existing drainage and permanent water areas, existing structures and
existing wells.
4. A layout plan depicting the proposed operations to include structures
to be erected, location of sites to be excavated showing depth of the
proposed excavation, location of vehicle access to the public street
system, vehicle parking, and location of storage of explosives.
5. A soil erosion and sediment control plan.
6. A plan for dust and noise control.
7. Any other information requested by the Zoning Board of Adjustment
or City staff.
The following requirements will apply to a new or expanded quarry:
1. Setbacks:
a. Mining and quarry operations, excavation of the quarry face,
processing of materials, and material storage and equipment
storage shall not be conducted closer than 100 feet to the
property line or closer than 300 feet to any residential district.
b. Mining or quarry operations, and excavation of the quarry face,
shall not be conducted closer than 100 feet to the right-of-way
line of an existing or platted street, road or highway, except that
excavating may be conducted within such limits in order to
reduce the elevation thereof in conforming to the existing or
platted streets, roadway or highway.
2. Storage: All materials storage and equipment storage and/or use shall
be a minimum of 100 feet from any public road right-of-way.
3. Parking: The minimum required off-street parking will be one space for
each employee plus one space •for each vehicle used on site.
4. Access gates: All access points shall be gated and signed with
appropriate warning messages.
5. Paving Requirements: All access drives and vehicle parking and
circulation areas connecting the quarry operation with public streets
must be paved in a manner acceptable to the City Engineer and City
Planner. This requirement is necessary to prevent quarry material
from being deposited on public streets.
6. Water Resources:
a. The quarry operation shall not be allowed to interfere with
surface water drainage beyond the boundaries of the operation.
b. Surface water originating outside and passing through the
quarry shall, as point of departure from the site, be of equal
quality of the water where it enters the site.
7. Site Plan Approval: A site plan shall be submitted for review and
approval as provided in Article 12 of the Unified Development Code
with the following conditions:
a. After receiving approval for a Conditional Use Permit, --
b. Prior to the issuance of any building permit,
c. Prior to commencement of any construction, grading or other
land development activity.
8. State Code Compliance: Applicants desiring to operate a quarry must
meet all requirements from Chapters 208 and 101A of the Code of
Iowa as well as all other pertinent rules, regulations, or administrative
policies as administered by the Office of State Fire Marshal or other
state or federal agencies.
9. Land Rehabilitation: Rehabilitation shall be completed within the
standards prescribed by the Iowa Department of Natural Resources in
compliance with provisions set forth in the Code of Iowa.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 18th day of May, 2015.
Attest:
Kevit°i S. Firnstahl, Cit ` Ierk
Lynn V. Suiton,`I/layor Pro Tem
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 08, 2015, and for which the charge is $21.46.
f 147
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of , 20 &
Notary Public in and for Dubuque County, Iowa.
MARY K.WE T ERMEYER
Commission Numj,nr 154885
n My Comm, Ex.p. FES, 1,2017
i
CITY OF DUBUQUE,
IOWA
®FFICIAllNOTICE
NOTICE IS HEREBY
GIVEN ' •that the "
Dubuue City Council
q
'
wily conduct lic
°a pub ,'i
hearing at ameeting to i -
commence at 620 P.M.
on May 18,2015,in the
Historic i IF, eral Bu
ild-'.',
ing, 350 West 6th' 1
Street, on" the:
following:
RL-zonings'
Request by Jeffrey III,
and Nicole Imbus to I
rezone'Lots 4 and 5 of.
C.J.Bies No 2 located
east of the intersection"
of Bies, Sylvan and
Century Drives from C;
3 General.-commercial I
Districtwithiconditions i
to PUD-jPlann6d Unit
Development to allow
for construction of an 1
assisted living resi I .
dential development.
Text Amendment
Request bythe City of i
Dubuque Planning Ser ;I
vices Department :to
amend the Unified
Development Code to
establish quarries as a
conditional`use in the
AG Agricultural Dis-
trict
Written'comments
regarding" the above
public hearings may be
submitted :to the City
Clerk's":Office on or
before said time 'of
public hearing.At said
time' and place of
public, hearings all,,
interested citizens and
parties w,ill;be given an
opportunity to be
Beard for or against '
said ractions.
Copies of supporting
documents for the
public hearings are on. �
file in the City Clerk's
Office I and may be
viewed during regular
working hours.
Any visual or hearing
impaired persons need-
ing special assistance I
or persons-with special I
accessibility needs`
should contact the City
Clerk's Office at (563)
589-4100 or TTY (563)_1
690-6678 at least 48
hours prior to ;the
meeting.
Kevin S.Firnstahl,
CMC,City Clerk
it 5/8
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 22, 2015, and for which the charge is $55.15.
PGA?
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this c24e,3' day of nom , 20 /5 .
Notary Public in and for Dubuque County, Iowa.
zt�
MARY K, WESTERMEYER
Commission Number 154885
My Comm. En, FEB, 1, 2017
1. Setbacks: quarry must meet all
a. Mining and quarry � sfrom
OFFICIAL operations, excavation Chaprerequirements and f om
PUBLICATION of: the quarry., face,
ORDINANCE O. 35-15 processing of mater- of the Code of Iowa as >,
AMENDING TITLE 16 ials, . and material _ well as all other
OF THE' CITY :OF_ storage and equipment pertinent rules,;regula-
DUBUQUE CODE OF storage shall not be tions, or administrative
ORDINANCES, UNI- conducted closer than policies as admin
FIED DEVELOPMENT 100 feet to the property istered by the. Office of
CODE, BY AMENDING line or closer than 300 State. Fire Marshal or
ARTICLE 5-21.3 AGRI- other state or federal
CULTURAL "DISTRICTagencies.
AND 8-5.10 ZONING"feet to, any"residential 9. Land Rehabilitation:
BOARD, OF ADJUST- Ijehabilitationshall be
district.
MENT APPLICATIONS completed within the
AND PROCEDURES e Mining; quarry standards prescribed
TOALLOW QUARRIES � operations, andthe exca-ary by the- Iowa Depart
AS ; A CONDITIONAL face, of quarry ment ` of Natural
face 'shall:; not be
USE IN THE AG Resources in' com
AGRICULTURAL DIS- 100ft conducted ele rig than pliance with provisions
TRICT 100 feet to the right -of- set forth in the Code of
NOW, THEREFORE; BE way line of an existing low a.
or, platted street, road
ITI ORDAINED OF THE or highway, except Section 3. The
CITY COUNCIL THE that excavating may' be foregoing amendment
CITY OF DUBUQUE, conducted withinsuch has heretofore been
IOWA; ' reviewed by"the -Zoning
Section 1.'That Title limits . in order to Advisory Commission
reduce the elevation of the Cit q
16 of the City of thereof in conforming y of Dubu ue,
Dubuque "' Code of Iowa.
to the existing or
Ordinances, Unified Section 4. This
platted streets, _ roatl-
cia 5-21.3 5 odereby ordinance shall take
way or highway: effect immediate)
Arti-
cle 5-21.3 is hereby y
2.Storage: „ All
amended as follows; -I materials "Storage and upon publication, as
5-2t.3: Conditional equipment storage Provided by law.
Passed, approved and
Uses: The . following and/or use shall be'a
may be permitted in rrinimum 'of 100 feet adopted this. 18th day
AG District subject to 1 from any, public road of May, 2015.
the - provisions of right-of-way. /s/Lynn U. Sutton,
Section 8-5 of this Title: 3. Parking: The Mayor Pro Tem
Kennel minimum required off- Attests/s/Kevi
Clerk
Retail sale of, agri- street parking will be Fimstahl, City
cultural products Published officially, in
one space for each the Telegraph Herald
loyee
Wind energy con- ein
version systems p plus one newspaper on the 22nd
Quarry space, for each vehicle day of May, 2015.
Sect'on, 2. That Title used on site. Attest: /s/Kevin S.
4. Access' gates: Al"l
16 of the City of Dubu- Firnstahl, City Clerk
rue Code of Qrdi- access points shall be It 5/22
nances, Unified gated and signed with
Development Code" appropriate warning
Article 8-5.10 is hereby messages.
5. Paving Require
amended as follows: ments: All access 1
8-5.10 List of Con- drives and vehicle
ditionakDses: parking and circulation ,'
Quarry may : be areas connecting the
allowed in . the AG quarry operation with'
Agricultural District in public streets must be
accordance with the' paved in a •"manner
follow mittaldiRequir" acceptable to the City
Submittal Require- Engineer and. City
merits: Planner. This require
1. Name and address 1 ment is necessary to
of the person/company prevent quarry mater-
requesting the ""condi- ial from being depo-
tional uselegal it.. sited on public streets.
legal
2. The property 6. Water Resources:
description 'and acre- a. The quarry oper-
age of the area to beation shall' , not - be,
quarried. ' allowed to interfere
3. Submittal of an with ,.surface water
existing conditions drainage beyond the
map to include existing Iboundaries of the
vegetation, existing operation.'
drainage and perma- b. Surface water
nent water areas, originating outside and
ex sting structures and passing ' through the
ex sting wells. quarry shall, as point
4.A .layout plan of departure" from the
• depicting the proposed site, be of equal quality
operations to include of the water where it
structures to be enters the site.
erected, location of 7. Site Plan Approval:
sites to be excavated A site plan shall be
showing depth of the submitted for review
proposed excavation, 1and approval as
location of vehicle provided in, Article 12
access to the public of the Unified bevel
street system, vehicle opment Code with the
parking, ,:and location following conditions:
of storage of explo- a. After'' receiving
lives. approval " for a Con -
5. A soil erosion and ditional Use Permit,
sediment control plan. b. Prior to the
6. A plan for dust and issuance of any
noise control. building permit,
7. Any other infor- c. Prior -to com
oration requested 4 by mencement of any
the ZEihIfttt Board° of construction, grading
Adjustment or City or other land devel
staff.. opment activity.
The following require- 8. State Code Com
menu will apply to a pliance: Applicants
new or : expanded desiring to operate a
quarry: :,