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Urban
Conservation
Guidelines for filing
Soil Loss Complaints under
Code of Iowa Chapter 161A
(Iowa Sediment Control Law)
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Step 1. Neighbors discuss mutual erosion problem.
Step 2. If problem is not resolved, a written complaint can be
sent to the Soil and Water Conservation District office in your county. For
West Pottawattamie county, mail to:
West Pottawattamie SWCD
305 McKenzie Avenue
Council Bluffs, Iowa 51503
This action triggers the use of section 161A.47 of the Iowa Code.
Complaint letter must include:
·
Description of property being damaged
·
Location of property being damaged
·
Signature of titleholder of record or person
actually living or working the property, such as a tenant
·
Statement that excessive erosion is
occurring upon the offending part’s land and that sediment damage is
occurring
·
Documented attempts to solve the problem with
neighbor prior to filing complaint
·
Permission for SWCD Commissioners to enter
upon property to investigate complaint
Step 3. The SWCD Commissioners will investigate the facts and
circumstances surrounding the complaint to determine if the complaint does
warrant further investigation. The Commissioners will request technical
assistance from NRCS Conservationist.
Step 4. Next the Commissioners will inspect the property to verify
sediment damage. Inspection will be made in a timely manner after receiving
the complaint.
Step 5. A notice of entry letter will be sent by registered
certified mail to the party’s against whom the complaint is filed asking
for consent to examine their property. The occupant must have 10 days
notice prior to inspections.
Step 6. If the findings from the investigation support the
complaint and demonstrate that the soil loss limits have been exceeded and
sediment damage has occurred on the complainant’s property, the commissioners
have established authority to issue an Administrative Order. The
commissioner and the landowners can reach a voluntary agreement prior to
the issuance of an Administrative Order in many cases.
Step 7. Prior to the issuance of the Administrative Order the
complaint may be withdrawn or modified at the discretion of the complaining
party. After the Administrative Order is served the complaining parties may
no longer change their complaint.
Step 8. The Administrative Order will be drafted stating that soil
loss is occurring in excess of the limits specified in the districts
regulations and that it must be corrected with in the time limits stated.
Step 9. A copy of the Administrative Order will be served upon the
titleholders of record and occupant. It may be delivered by the sheriff or
by registered certified mail.
Step 10. The Administrative Order will be recorded at the County Recorders office.
Step 11. If the offending party fails to comply with the
Administrative Order in a timely fashion, the Commissioners may work
through the Division of Soil Conservation and request assistance from the
Office of Attorney General.
Note: In the case
that sediment is delivered to the complainants land from an adjacent
construction project or similar undertaking as a result of the removal of
all or a major portion of vegetation or manmade cover exposing bare soil to
water or wind, the Administrative Order will require a time, no later than
5 days after the service or mailing of the order to the offending party, for
the commencement of work necessary to control erosion. Deadline no later
than 30 days after the service or mailing of the order, for the completion
of the improvement will be required.
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