Iowa House members gathered Tuesday to hear arguments for and against a bill that would loosen topsoil and stormwater regulations at construction sites.
The bill, Senate File 455, would prohibit counties and cities from adopting regulations stricter than what the state permits for topsoil management at construction sites. It would also restrict the regulations local jurisdictions can place on the stormwater infrastructure required for new developments. Stormwater is the precipitation that runs off surfaces in urban areas and can lead to flooding, erosion, property damage and poor water quality.
The legislation was first introduced during the 2023 legislative session by Sen. Scott Webster, R-Bettendorf. Webster owns Premier Custom Homes, Webster Properties and Quad City Disposal, according to his campaign website, and is a former president of the Iowa Homebuilders Association and Quad City Builders and Remodelers Association. He did not return a Gazette call for comment before publication.
A House subcommittee recommended passage of Senate File 455 last Wednesday with a 2-1 vote. On Tuesday, the House’s Local Government Committee heard comments on the bill.
Pete De Kock, assistant city manager of Clive just west of Des Moines, highlighted the consequences of stormwater that’s not properly managed. Almost 90 percent of surveyed professional engineers in Iowa reported seeing negative impacts from stormwater such as flooding, erosion, property damage and pollution, according to an Iowa State University study.
Long-term maintenance and repair costs for stormwater infrastructure often fall to taxpayers. Those costs could grow if local jurisdictions aren’t allowed to cater their regulations to their stormwater management needs, De Kock said.
“The question about who pays when we're developing that infrastructure initially — whether it's for a development project or a redevelopment project — is very, very central to this discussion,” De Kock said. “It's about fairness, and especially fairness to the taxpayers, so we don't socialize those expenses to all of them.”
One way developers can mitigate stormwater runoff is by preserving topsoil at construction sites, said Tracy Peterson, a municipal engineer with the City of Ames. Senate File 455 would prohibit local jurisdictions from regulating how developers preserve, compact or place topsoil during the construction process. Lost topsoil could mean homeowners may have to purchase more fertilizer, herbicides, irrigation and vegetation for their properties.
Peterson calculated that maintaining topsoil at construction sites could cost less than $1,000 per lot, or less than $2,000 per lot if compost is added to replace topsoil.
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“Topsoil is a really cost-effective way to meet stormwater management,” she said. “If topsoil is not provided, it actually puts that burden of the cost on the homeowners.”
Some municipalities are placing a disproportionate amount of responsibility for stormwater management and its costs on new development, said Dustin Miller, a lobbyist representing the Developers Council that includes the Home Builders Association of Greater Des Moines and the Home Builders Association of Iowa.
National Association of Homebuilders analyses found that regulatory costs — which include but are not limited to stormwater retention regulations — account for about a quarter of the cost for single-family houses and 40 percent of the cost for multi-family homes. Keeping such regulations may drive up the costs of affordable housing, Miller said.
“A thousand dollars here, $2,000 there — that impacts how many people can afford a home, especially when you juxtapose that to inflation costs,” he said. “I think one of the difference of opinion is: How much responsibility should the developer have in water retention?”
He also argued that Senate File 455 doesn’t completely remove the ability for local jurisdictions to regulate stormwater runoff. “There are still many more tools available again for all parcels not solely related to new development,” he said.
Caleb Smith, vice president of land development for Hubbell Realty Co., added that early, improper stormwater infrastructure may be contributing to the runoff effects seen today. But since then, requirements have improved, and developers have adapted to those changes.
“It seems unfair it should fall solely on the shoulders of the developers to solve existing problems that are already within the community,” Smith said. “I think this bill just brings us back to center to where we can bring down the cost of lots, which then brings down the price of homes, which allows people to afford the homes in the state of Iowa that right now can't because of these extra regulations.”
A slew of lobbyists declared for or against the bill.
Proponents included the Iowa Real Estate Developers Association, the Iowa Association of Realtors and the Iowa Association of Business and Industry. Opponents included the Iowa Association of Building Officials, the Conservation Districts of Iowa, the Environmental Law and Policy Center, and several jurisdictions. The Linn County Board of Supervisors and cities of Cedar Rapids, Des Moines and Coralville all declared against the bill.
Brittney J. Miller is the Energy & Environment Reporter for The Gazette and a corps member with Report for America, a national service program that places journalists in local newsrooms to report on under-covered issues.
www.thegazette.com
The bill, Senate File 455, would prohibit counties and cities from adopting regulations stricter than what the state permits for topsoil management at construction sites. It would also restrict the regulations local jurisdictions can place on the stormwater infrastructure required for new developments. Stormwater is the precipitation that runs off surfaces in urban areas and can lead to flooding, erosion, property damage and poor water quality.
The legislation was first introduced during the 2023 legislative session by Sen. Scott Webster, R-Bettendorf. Webster owns Premier Custom Homes, Webster Properties and Quad City Disposal, according to his campaign website, and is a former president of the Iowa Homebuilders Association and Quad City Builders and Remodelers Association. He did not return a Gazette call for comment before publication.
A House subcommittee recommended passage of Senate File 455 last Wednesday with a 2-1 vote. On Tuesday, the House’s Local Government Committee heard comments on the bill.
Pete De Kock, assistant city manager of Clive just west of Des Moines, highlighted the consequences of stormwater that’s not properly managed. Almost 90 percent of surveyed professional engineers in Iowa reported seeing negative impacts from stormwater such as flooding, erosion, property damage and pollution, according to an Iowa State University study.
Long-term maintenance and repair costs for stormwater infrastructure often fall to taxpayers. Those costs could grow if local jurisdictions aren’t allowed to cater their regulations to their stormwater management needs, De Kock said.
“The question about who pays when we're developing that infrastructure initially — whether it's for a development project or a redevelopment project — is very, very central to this discussion,” De Kock said. “It's about fairness, and especially fairness to the taxpayers, so we don't socialize those expenses to all of them.”
One way developers can mitigate stormwater runoff is by preserving topsoil at construction sites, said Tracy Peterson, a municipal engineer with the City of Ames. Senate File 455 would prohibit local jurisdictions from regulating how developers preserve, compact or place topsoil during the construction process. Lost topsoil could mean homeowners may have to purchase more fertilizer, herbicides, irrigation and vegetation for their properties.
Peterson calculated that maintaining topsoil at construction sites could cost less than $1,000 per lot, or less than $2,000 per lot if compost is added to replace topsoil.
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“Topsoil is a really cost-effective way to meet stormwater management,” she said. “If topsoil is not provided, it actually puts that burden of the cost on the homeowners.”
Some municipalities are placing a disproportionate amount of responsibility for stormwater management and its costs on new development, said Dustin Miller, a lobbyist representing the Developers Council that includes the Home Builders Association of Greater Des Moines and the Home Builders Association of Iowa.
National Association of Homebuilders analyses found that regulatory costs — which include but are not limited to stormwater retention regulations — account for about a quarter of the cost for single-family houses and 40 percent of the cost for multi-family homes. Keeping such regulations may drive up the costs of affordable housing, Miller said.
“A thousand dollars here, $2,000 there — that impacts how many people can afford a home, especially when you juxtapose that to inflation costs,” he said. “I think one of the difference of opinion is: How much responsibility should the developer have in water retention?”
He also argued that Senate File 455 doesn’t completely remove the ability for local jurisdictions to regulate stormwater runoff. “There are still many more tools available again for all parcels not solely related to new development,” he said.
Caleb Smith, vice president of land development for Hubbell Realty Co., added that early, improper stormwater infrastructure may be contributing to the runoff effects seen today. But since then, requirements have improved, and developers have adapted to those changes.
“It seems unfair it should fall solely on the shoulders of the developers to solve existing problems that are already within the community,” Smith said. “I think this bill just brings us back to center to where we can bring down the cost of lots, which then brings down the price of homes, which allows people to afford the homes in the state of Iowa that right now can't because of these extra regulations.”
A slew of lobbyists declared for or against the bill.
Proponents included the Iowa Real Estate Developers Association, the Iowa Association of Realtors and the Iowa Association of Business and Industry. Opponents included the Iowa Association of Building Officials, the Conservation Districts of Iowa, the Environmental Law and Policy Center, and several jurisdictions. The Linn County Board of Supervisors and cities of Cedar Rapids, Des Moines and Coralville all declared against the bill.
Brittney J. Miller is the Energy & Environment Reporter for The Gazette and a corps member with Report for America, a national service program that places journalists in local newsrooms to report on under-covered issues.
Iowa House deliberates on bill that would loosen topsoil, stormwater regulations
Proponents said the legislation would make housing more affordable, but critics argued it would drive long-term costs higher for taxpayers
www.thegazette.com
