Public hearings this month on topsoil rule change

DES MOINES - It's Iowans' turn to have their say on how much topsoil homebuilders should return to yards and other places at a new construction site.

Members of the Iowa Environmental Protection Commission agreed earlier this year to change a state rule requiring that builders and construction companies return four inches of topsoil to construction sites upon completion of a new home or development. State officials say the proposed regulation is more closely aligned with the federal standard that would require the preservation of topsoil where feasible without measurable levels.

The federal regulations require permit holders to minimize soil compaction and, unless infeasible, preserve topsoil.

Currently, the state defines the requirement as the preservation of at least four inches of topsoil at construction sites when this is consistent with land use practices and if at least four inches of topsoil existed on the site before construction.

The proposed rule change - which will be the subject of three public hearings this month - strikes the four-inch standard and defines 'infeasible” as not technologically possible or not economically practicable and achievable in light of the best industry practices. The hearings will take place March 18 in Cedar Rapids, March 25 in Davenport, and March 27 in Des Moines.

State Department of Natural Resources officials filed a notice of intent Friday with the Legislature's Administrative Rules Review Committee, which will consider the change once the public hearings are completed and the rule comes back to the legislative committee for final approval.

During Friday's presentation, Rep. Megan Jones, R-Sioux Rapids, expressed disappointment that no public hearings are slated in the western half of Iowa, noting that homeowners who share concerns about the proposed change are 'being left out” of the process.

Senate President Pam Jochum, D-Dubuque, said lawmakers already are receiving 'a lot of comments” about the new rule that would require a lot's existing topsoil to be replaced, unless it's not feasible. She made note that a seven-member stakeholders' group that represented primarily developers, homebuilders and earth-moving companies came to the decision on a 5-2 vote that the state commission do away with the uniform post-construction four-inch layer at work sites.

During past discussions at EPC meetings, homebuilders argued that the four-inch standard the state adopted two years ago at the request of developers is not regulated uniformly and adds from $3,500 to $6,000 in costs to homeowners, while the two members of the stakeholders group that opposed the change disputed those numbers and promoted the existing topsoil retention standard as a way to combat excessive stormwater runoff and dysfunctional soil.

Here is the schedule of upcoming public hearings: March 18, 6 p.m., City Services Center, Five Seasons Conference Room, 500 15th Ave. SW, Cedar Rapids; March 25, 6 p.m., Eastern Ave. Branch Library, Room A, 6000 Eastern Ave., Davenport; and March 27, 1 p.m., Wallace State Office Building Auditorium, 502 E. Ninth St., Des Moines. Interested Iowans also may provide written comments through April 1 Joe Griffin of Iowa Department of Natural Resources, 502 E. Ninth St., Des Moines, IA 50319-0034; or by email to joe.griffin@dnr.iowa.gov.