State loosens topsoil replacement rule

DES MOINES - A state law that requires homebuilders to replace topsoil was significantly softened Tuesday by a panel of state lawmakers over the objections of some who say the change was motivated purely by business interests.

The so-called '4-inch rule” required homebuilders to replace topsoil when 4 inches or more were removed during homebuilding. The rule was in place to help prevent flooding and other water-related issues; softer topsoil better absorbs water than clay and other harder sediments below.

The state Environmental Protection Commission approved the softening in June.

On Tuesday, lawmakers changed the rule to say only that builders must preserve topsoil 'unless infeasible,” with infeasible defined as 'not technologically possible, or not economically practicable and achievable in light of the best industry practices.”

The change brings Iowa Code into symmetry with federal law, which leaves vague how much topsoil must be replaced on home construction sites.

Iowa Department of Natural Resources Director Chuck Gipp said the rule change was made 'based on all the info we have on both sides of this issue.”

Opponents of the rule change say it was made to appease developers. The rule was changed based on the recommendation of a stakeholder group appointed by Gov. Terry Branstad. Four of the seven stakeholders were developers.

Opponents also noted that of the public comments submitted on the issue, opposition outnumbered support for the rule change 10-to-1.

'Now, all of a sudden, the burden moves from the developer who's complaining about the costs to the homeowner who's going to incur more costs,” said Rep. Rick Olson, D-Des Moines. 'And the only reason we have this change is because builders came to the department and said, ‘Hey, we want to change this rule.' ”

Developers said costs associated with compliance were higher than expected, which they said is causing them financial hardship and pricing would-be homebuyers out of the market.

Sen. Pam Jochum, D-Dubuque, called for state legislators to revisit the issue, although her motion does not require them to do so. Jochum also called for an objective cost-benefit analysis of the issue.

Jochum said her parents' Dubuque home sits in a valley below a subdivision in which builders stripped away the soil to the clay, which she said has led to flash flooding.

'All we're getting is one side of the issue,” Jochum said. 'What I'm hoping will happen with the general referral is that the committee, at least in the Senate, will take this issue up and address this in a very meaningful way in our law to protect topsoil and homeowners that are planning to build homes.”