Iowa Bulk Transmission Land Access(3-IA)
In Iowa, a bulk transmission developer may need to obtain a State Land Right-of-Way Permit from the Iowa Department of Natural Resources in order to place transmission lines or other structures on state-owned land. A State Land Right-of-Way Permit can come in the form of a State Land Lease or State Land Easement. Leases and Easements are issued by the Iowa Executive Council, and are subject to the rules laid out in I.C. § 461A and I.A.C. § 571.13. Developers may also need to obtain a Utility Permit from Iowa Department of Transportation to construct utility lines in a state highway right-of-way. I.C. § 318.8.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right of Way Agency:||Iowa Department of Natural Resources|
|State Land Right of Way Process:||A developer must obtain an easement or lease from the Iowa Department of Natural Resources (IDNR) to construct transmission lines on state-owned lands. I.A.C. § 571.13.|
|State Highway Right of Way Agency:||Iowa Department of Transportation|
|State Highway Right of Way Process:||A developer must obtain a Utility Permit to place utility structures in a state highway right-of-way. I.C. § 318.8. A developer can obtain a Utility Permit by filing an Application and Agreement for Use of Highway Right-of-Way for Utilities Accommodation. I.A.C. § 761.115.1(a), I.A.C. § 761.115.8(1)(b).|
|Eminent Domain:||The Iowa Utilities Board (IUB) may grant eminent domain power to any person, company or corporation that has obtained a Franchise Permit from IUB for transmission line projects. The taking under eminent domain must not exceed 100 feet in width and 160 acres in any one location. However, the IUB may approve a wider right-of-way, not to exceed 200 feet, for good cause. I.C. § 478.15.|
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