Amendment H-8004 to SF 455
Relating to the regulation of topsoil and storm water at construction sites
Adopted · March 6, 2024
Filed February 7, 2024 in the House by the House Local Committee
What it changes
AI summary This amendment updates the definitions of construction site and topsoil to match existing state storm water permits. It also allows cities and counties to set stricter storm water runoff rules than state or federal laws if the local government pays for all related engineering, installation, and property costs.1
Read the amendment’s wording
- Page 1, by striking lines 4 through 9 and inserting: “(1) “Construction site” means the same as defined in a storm water general permit adopted by rule pursuant to section 455B.103A. (2) “Topsoil” means the same as defined in a storm water general permit adopted by rule pursuant to section 455B.103A.”
- Page 1, after line 31 by inserting: “(3) A county may impose a storm water runoff requirement that is more restrictive than what is allowed or required by federal or state law at the construction site if the county meets all of the following conditions: (a) The county pays for all study, design, and engineering costs for implementing the more restrictive storm water runoff requirement that includes an analysis by a licensed professional engineer of the difference in costs between the federal or state law and the more restrictive county storm water runoff requirement. (b) The county pays for the difference of costs between the federal or state requirement and the more restrictive requirement imposed by the county for installation of equipment or practices required for a property owner to comply with the storm water runoff requirement. (c) If the storm water runoff requirement results in the county using a person’s private property, whether by easement or otherwise taking an interest in the property, the county pays the property owner the fair market value of the property taken for any additional land required beyond the federal or state requirement. (d) The county pays costs incurred by the county under this subparagraph from the county’s general fund. The county shall not impose a special assessment or otherwise recover the costs from the property owner for the portion of the costs attributable to the county. (4) A county may impose a storm water runoff requirement that is more restrictive than what is allowed or required by federal or state law if the county and the owner of the affected property agree to the requirement.”
- By striking page 1, line 35, through page 2, line 5, and inserting: “(1) “Construction site” means the same as defined in a storm water general permit adopted by rule pursuant to section 455B.103A. (2) “Topsoil” means the same as defined in a storm water general permit adopted by rule pursuant to section 455B.103A.”
- Page 2, after line 27 by inserting: “(3) A city may impose a storm water runoff requirement that is more restrictive than what is allowed or required by federal or state law at the construction site if the city meets all of the following conditions: (a) The city pays for all study, design, and engineering costs for implementing the storm water runoff requirement that includes an analysis by a licensed professional engineer of the difference in costs between the federal or state law and the more restrictive county storm water runoff requirement. (b) The city pays for the difference of costs between the federal or state requirement and the more restrictive requirement imposed by the county for installation of equipment or practices required for a property owner to comply with the storm water runoff requirement. (c) If the storm water runoff requirement results in the city using a person’s private property, whether by easement or otherwise taking an interest in the property, the city pays the property owner the fair market value of the property taken for any additional land required beyond the federal or state requirement. (d) The city pays costs incurred by the city under this subparagraph from the city’s general fund. The city shall not impose a special assessment or otherwise recover the costs from the property owner for the portion of the costs attributable to the city.”