This alert concerns an amendment adopted by the Iowa House to the Omnibus
Appropriations Bill that could open up all state-owned lands--parks
included--to private access roads.

Please contact your state senators to oppose this as soon as possible, and
also the Governor to veto if it should survive.  Legislators will probably
be at the Capitol on Friday.

Legislator emails can be found at:
Senate: http://www.legis.state.ia.us/GA/80GA/Senate/Members/04Senate.html
Senate switchboard is: 515-281-3371

LEGISLATION OPENS STATE PUBLIC LANDS TO PRIVATE ACCESS ROADS

Re: Senate File 2298
SF 2298, the Omnibus Appropriations bill, includes a proposed amendment
that could open all public areas-including state parks and wildlife
areas--managed by the Department of Natural Resources to access driveways by
adjacent landowners.

House Amendment H-8365, action number #11, which requires the Department
to provide access across state-owned land to private landowners. The
amendment states:

 <Sec. NEW SECTION. 564.9 DEPARTMENT OF
NATURAL RESOURCES == ACCESS.
1. The department of natural resources shall grant the owner of a parcel of
land access to a public road if any of the following applies:
a. It is otherwise impossible for the owner to access the public road
because the parcel is surrounded by land held by the department.
b. The parcel is otherwise surrounded by land with a topography that makes
access unreasonable.
c. Access by another way would cause degradation or destroy the integrity of
the land.

2. The department may grant access to the owner by the sale, exchange, or
other transfer of land or by the grant of an easement.

3. A person entitled to access as provided in this section may construct a
road for automobile traffic from the parcel to the public road. The owner
shall be responsible for constructing and maintaining any private road from
the parcel to the public road which shall not be more than twenty feet in
width unless otherwise agreed to by the parties.

This language will significantly impact state park and wildlife areas.

Examples:

. The Iowa River Corridor Wildlife Area in Tama, Benton, and Iowa Counties
totals over 9,000 acres of public land with approximately 65 adjacent,
private landowners.  If this bill is enacted, several private driveways
could be constructed across this land significantly impacting management and
public use of this area.  Once precedence for these private roadways is
established, additional incentives will be created.  Living adjacent to
public lands such as wildlife areas and state parks is very desirable to
some people.  Conceivably, existing landowners could find it profitable to
further subdivide their lands for private residences, each of which could
request their own private access.  Additionally, the construction of new
residences next to these public lands would bring the 200 yard hunting
prohibition (Chapter 481A.123) into effect, resulting in portions of public
lands no longer available for public hunting.

. State parks and recreation areas contain some of the state's most scenic,
natural areas.  Many people seek to purchase property immediately adjacent
to parks, and the proposed private access roads would come at the
cost of all park visitors and all Iowa taxpayers.  Once private access is
allowed over public property, requests would be countless across the state.
Every access allowed across parkland and every car, motorcycle, tractor,
etc. will degrade Iowa's park system.  State parks are for the public use
and benefit for everyone.  Increased traffic by park neighbors' private
roads would impact campers, picnickers, hikers, and all other users of state
parks. Homes are often the site of large family gatherings during holidays
and other family celebrations.  These celebrations may spill onto parkland
along the private access road.  Some park roads are not maintained in the
winter.

. Federal investments: The acquisition of many parks and wildlife areas has
been cost-shared with federal funding either through the U.S. Fish &
Wildlife Service (Sport Fish & Wildlife Restoration Funding) or the
National Park Service (LWCF Funding).  More recently, DNR has required
residual rights to several tracts of land encumbered by permanent easements
from the U.S. Dept. of Agriculture.  Federal funding places restrictions on
this land which require it to be replaced or the value of this land
reimbursed if DNR relinquishes/loses control of this land.   Development of
private roadways across federally encumbered land would be in violation of
federal statutes.  DNR would be required to either replace this land
in-kind, or provide compensation based on the current fair market value.
Depending on the frequency of this type of action, the
ability to receive federal funding in the future may be jeopardized.

. Management Considerations: DNR lands are managed for the primary purpose
of preserving and enhancing our natural resources, providing wildlife
habitat and providing a place for outdoor recreational opportunities for all
Iowa citizens.   These private roadways could sacrifice management practices
such as controlled burning, water level management within wetlands, and
native community establishment.  The location of any
proposed private roadway would need to be evaluated for potential impacts to
threatened and endangered species, critical habitats, archaeological
resources, and other natural features normally preserved or enhanced on
these lands.

. Public Use Considerations:   Questions are unanswered concerning fencing
and/or other barriers along these private roadways that impedes public
access to the area; public use of private drives and liability; liability
of shooting across a private roadway in a public hunting area, etc.

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