1. An environmental protection commission is created, which consists of nine members appointed by the governor for staggered terms of four years beginning and ending as provided in section 69.19. Commission appointees are subject to senate confirmation. The members shall be electors of the state and have knowledge of the subjects embraced in chapters 455B and 459, subchapters II and III. The appointments shall be based upon the training, experience, and capacity of the appointees, and not based upon political considerations, other than as provided in section 4A.12. The membership of the commission shall be as follows:
a. Three members actively engaged in livestock and grain farming.
b. A member actively engaged in the business of finance or commerce.
c. A member actively engaged in the management of a manufacturing company.
d. Four members who are electors of the state.
2. A vacancy on the commission shall be filled for the unexpired term in the same manner as the original appointment was made.
3. The members of the commission shall be reimbursed for actual and necessary travel and related expenses incurred in the discharge of official duties. Each member of the commission may also be eligible to receive compensation as provided in section 7E.6.
4. The commission shall hold an organizational meeting within thirty days of the beginning of a new regular term for one or more of its members. The commission shall organize by electing a chairperson, vice chairperson, secretary, and any other officers deemed necessary or desirable. The commission shall also meet as necessary.
5. A majority of the members of the commission is a quorum, and a majority of a quorum may act in any matter within the jurisdiction of the commission, unless a more restrictive rule is adopted by the commission.
6. Except as otherwise provided by law, the commission shall:
a. Establish policy for the department and adopt rules, pursuant to chapter 17A, necessary to provide for the effective administration of chapter 455B, 455C, or 459.
b. Hear appeals in contested cases pursuant to chapter 17A on matters relating to actions taken by the director under chapter 455C, 458A, 464B, or 473.
c. Approve or disapprove the issuance of hazardous waste disposal site licenses under chapter 455B.
d. Provide advice and make recommendations regarding the budget request prepared by the director for the programs authorized by chapters 455B, 455C, 455E, 455F, 455H, and 459, subchapters II and III.
e. Establish and utilize such ad hoc advisory committees as determined necessary by the commission. The commission shall establish appointment provisions, membership terms, operating guidelines, and any other operational requirements for committees established\n\nTue Dec 09 22:10:39 2025 Iowa Code 2026, Chapter 455A (51, 2) 5 DEPARTMENT OF NATURAL RESOURCES, §455A.10\n\npursuant to this paragraph. Members of committees established pursuant to this paragraph shall serve without compensation but may be reimbursed for actual expenses. 86 Acts, ch 1245, §1806; 87 Acts, ch 115, §59; 89 Acts, ch 72, §2; 89 Acts, ch 296, §69; 90 Acts, ch 1108, §3; 91 Acts, ch 268, §231; 92 Acts, ch 1239, §43; 2002 Acts, ch 1162, §41; 2024 Acts, ch 1170, §76, 110, 324 Referred to in §16.131A, 307.21, 455A.1, 455B.101, 455B.103, 455E.2, 455H.103, 459.102, 459A.102, 484C.1 Confirmation, see §2.32 \n
Notes of Decisions
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
· cites it 85× “Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017).
· cites it 4× “The Environmental Protection Commission, created by Iowa Code section 455A.6, is required to protect Iowa’s groundwater and water supply and is directed to cooperate with “cities and other subdivisions of the state” as well as landowners in actions “relating to flood control and…”
ABC Disposal Sys., Inc. v. Dep't of Nat. Resources, 681 N.W.2d 596 (Iowa 2004).
· cites it 2× “§ 455A.6. By statute, the legislature has given the Commission the authority to establish policy for the DNR and adopt rules necessary to provide for the effective administration of Iowa Code chapter 455B.”
State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000).
· cites it 6× “DeCoster correctly notes that section 455A.6 is silent with respect to the appointment procedure and whether interim appointees may serve pending senate confirmation.”
Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19 (Iowa 2017).
· cites it 2× “The Environmental Protection Commission, created by Iowa Code section 455A.6, is required to protect Iowa’s groundwater and water supply and is directed to cooperate with “cities and other subdivisions of the state” as well as landowners in actions “relating to flood control and…”
Amended April 11, 2017 Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. (Iowa 2017).
· cites it 2× “The Environmental Protection Commission, created by Iowa Code section 455A.6, is required to protect Iowa’s groundwater and water supply and is directed to cooperate with “cities and other subdivisions of the state” as well as landowners in actions “relating to flood control and…”
— Iowa Code § 455A.6(1) — 2 cases
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000).
“DeCoster correctly notes that section 455A.6 is silent with respect to the appointment procedure and whether interim appointees may serve pending senate confirmation.”
— Iowa Code § 455A.6(1)(a) — 1 case
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
— Iowa Code § 455A.6(1)(d) — 1 case
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
— Iowa Code § 455A.6(2) — 1 case
State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000).
“DeCoster correctly notes that section 455A.6 is silent with respect to the appointment procedure and whether interim appointees may serve pending senate confirmation.”
— Iowa Code § 455A.6(3) — 1 case
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
— Iowa Code § 455A.6(5) — 1 case
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
— Iowa Code § 455A.6(6) — 1 case
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
— Iowa Code § 455A.6(6)(a) — 2 cases
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
ABC Disposal Sys., Inc. v. Dep't of Nat. Resources, 681 N.W.2d 596 (Iowa 2004).
“§ 455A.6. By statute, the legislature has given the Commission the authority to establish policy for the DNR and adopt rules necessary to provide for the effective administration of Iowa Code chapter 455B.”
— Iowa Code § 455A.6(l)(a) — 1 case
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
— Iowa Code § 455A.6(l)(d) — 1 case
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014).
“Compare Iowa Code § 455A.6, with id. § 39.27 (“An elected official 49 shall continue to be a resident of the state, district, county, township, city, or ward by or for which the person was elected, or in which the duties of the office are to be exercised for the duration of the…”
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