Soil rule running out of time

There was a refreshing shot of honesty at this week's Environmental Protection Commission meeting, where members again talked about scrapping a rule requiring builders to put four inches of topsoil back on most finished building sites.

'Topsoil is something we deal with every day of the week,” said Mark Watkins, vice president of McAninch Corporation, a Des Moines earth mover. 'It's just a line item on our bid form.”

For Iowans concerned about runoff and water quality, topsoil is essential for soaking up and cleaning up. For homeowners who might like to plant stuff in their yards, or grow grass without bags of fertilizer, topsoil also is essential. For building interests pushing hard for a new state rule that will allow them to basically do what they please with it, topsoil is simply about money. A line-item on the bid form.

Always bet on money when it comes to any regulatory battles officiated by the Branstad administration. It helps when Watkins and three others representing homebuilding interests are appointed by the administration to pack a seven-member group rewriting the rule.

And judging by Tuesday's brief EPC discussion, it's a good bet commissioners will vote in June to erase the four-inch rule and replace it with language weakly directing builders to restore topsoil 'unless infeasible.” Infeasibility largely will be in the eye of the bulldozer.

'It doesn't seem to be clearly defined,” Commissioner Nancy Couser said of 'infeasible.” Commissioner Bob Sinclair asked if the change would mean more oversight and inspections by the Department of Natural Resources.

'It would take some effort,” said Joe Griffin, stormwater coordinator for the DNR, cautiously toeing the party line. His department has endorsed the rule change.

But no one on the Environmental Protection Commission asked if the rule change would be good for the environment.

And, truth is, there won't be much to oversee or inspect because there will be no measurable standard. All builders have to do is keep soil 'on site,” somewhere in a development, anywhere, but not necessarily on anyone's yard.

'I think the current proposed language leaves a lot to be desired. It's ambiguous at best,” Brian Stineman, natural resources manager for the city of Davenport, told the EPC. 'Basically, what they're asking is for us to take their word.”

Stineman joined commissioners on a tour of two Davenport housing developments on Monday, one subject to the four-inch rule and one subject to previous rules. Stineman said one had piles of dirt awaiting replacement on lots, the other had sod sitting on top of compacted clay. The differences were obvious, he said. But not persuasive, evidently.

Luckily, Davenport has a local four-inch topsoil rule that will remain even if the state scraps its standard. 'They can be more stringent than we are,” Griffin told the EPC.

Most cities rely on the state rule, including Cedar Rapids. There's been some talk of a stronger local rule. 'We're just waiting for (the state) to make a final decision,” said Kasey Hutchinson, stormwater coordinator in Cedar Rapids.

Unfortunately, I think it already has.

l Comments: (319) 398-8452; todd.dorman@thegazette.com