Republicans who run the Golden Dome of Wisdom have shredded “local control” so completely it’s tough to imagine how they could take more authority away from local governments.
And yet, they keep finding new ways use state power to benefit their donors and allies who would rather do business under weak state rules than deal with more rigorous county and city ordinances.
This time, it’s about water and dirt.
Senate File 455 would bar cities and counties from adopting rules governing stormwater runoff from commercial and residential developments that exceed a very low bar set by the state. The bill would also stop local ordinances requiring builders to put topsoil back on finished sites.
So basically, the state will dictate how much stormwater gushes from a site, even though it’s local taxpayers who will pay for the consequences. Topsoil, which soaks up runoff, will only be put back in place if “feasible” under state and federal rules.
So, you’ve got a city, such as Cedar Rapids, which experiences flash flooding. And local leaders want to put stormwater rules for new development in place that would help solve the problem. Tough darts. The state says new developments can only be required to hold runoff at the same rate the land soaked up preconstruction.
Improvement? That would cost too much money, bill supporters insist.
Under the bill, which passed the Senate last year and is being considered now by the House Local Government Committee, ordinances requiring the replacement of topsoil in
Cedar Rapids, North Liberty and Coralville would be washed away. Enjoy your compacted clay yards, homeowners.
Soaking up and filtering water improves water quality. Who cares about that? Not the current regime.
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Tim Palmer, a longtime soil and water commissioner in Madison County and a past president of the Conservation Districts of Iowa, told me a law applying a single standard on all the topography and soil types in Iowa would be a big step backward.
“It’s just the opposite of what we need,” Palmer said.
This saga has gone on for the better part of a decade. A state rule requiring topsoil replacement was scrapped by the Environmental Protection Commission on the advice of a stakeholder panel appointed by then-Gov. Terry Branstad. The panel was dominated by Realtors, homebuilders and earthmovers. The commission ignored overwhelming public opposition to tossing the rule.
“So we're worried about fish?” one homebuilder said during a
hearing on the state topsoil rule in 2015, clearly grasping the concept.
But despite that governing malpractice, it was still possible for local authorities to set rules that made sense for their communities. Naturally, this can’t stand.
The homebuilders were back to make their case to the Local Government Committee this week. They argued, once again, that adhering to local rules would make houses too expensive. They insisted the topsoil issue had already been “litigated” by the EPC. It certainly was a jury of their peers.
Because the bill passed the Senate last year, all it needs to do now is clear Local Government and pass the House. It could move fast, so weigh in if you care about water. Otherwise local control will sleep withe the fishes.
(319) 398-8262l
todd.dorman@thegazette.com
Former Cedar Rapids Stormwater Commission member Stacie Johnson snapped this photo at a local housing development. Although much of the …
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