stormwater

Iowa House defeats bill sponsored by Bettendorf state senator that would have banned more restrictive topsoil and storm water rules

by Robin Opsahl, Iowa Capital Dispatch
March 6, 2024

A bill prohibiting local governments from passing more restrictive topsoil and storm water regulations than those set by the Department of Natural Resources failed Wednesday in the Iowa House.

Senate File 455 failed on a 44-49 vote — an unusual event given that the majority Republicans hold 64 seats.

The bill proposed prohibiting local regulations on stormwater runoff that are more restrictive than the state’s existing flow rates based on five-year frequencies. The bill also would bar local regulations related to topsoil preservation, compaction, placement or depth that are more restrictive than those set by the DNR.

Bettendorf borrows much of Davenport stormwater rules but topsoil standards don't make initial drafts

Much of Bettendorf's proposed new stormwater management ordinance is based on similar regulations put in place by Davenport two years ago.

But despite the wholesale borrowing of Davenport's stormwater ordinance language, one key section – requiring developers to amend new residential lots to absorb rainfall and provide homeowners with healthy organic topsoil – never made it into the two initial drafts circulated by Bettendorf city staff to city council members.

Why the soil infiltration standards for new residential developments went "missing" from the Davenport ordinance to the Bettendorf stormwater draft rules isn't clear.

New stormwater management ordinance in the works, but don't expect a 4-inch topsoil rule

Bettendorf is in the midst of revising its stormwater management ordinances, but if the initial draft is any indication there won't be any requirement for developers to retain a specific amount of topsoil on each new home site.

The draft ordinance – scheduled for discussion at next week's (April 19) committee-of-the-whole meeting – lists many suggested "water quality practices" intended to capture and treat rainfall events of up to 1.25 inches (90 percent of all eastern Iowa rain events) on-site.

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