Iowa Admin. Code r. 567-50.8 - Decision by the department
(1)
Form of decision. The decision by the department shall be
either approval or denial of the water use permit application. Each water use
permit shall include appropriate standard and special conditions consistent
with Iowa Code sections
455B.261 through
455B.274 and
455B.281 and 567- Chapters 50,
53 and 54. The decision shall incorporate by reference or attachment the
summary report described in 50.7(1). Each decision shall include the following:
a. Determinations as to whether the project
satisfies all relevant criteria not addressed in the attached summary
report;
b. An explanation of the
purpose for imposing each special condition; and
c. An explanation of consideration given to
all comments submitted pursuant to 50.7(2) unless the comments are adequately
addressed in the attached summary report.
(2)
Notice of decision.
Copies of the decision shall be mailed to the applicant, any person who
commented pursuant to 50.7(2), and any other person who has requested a copy of
the decision. The decision shall be sent by certified mail. A decision becomes
the final decision of the department unless a timely notice of appeal is filed
in accordance with 50.8(3).
(3)
Appeal of decision. Any person aggrieved by a decision issued
under this rule may file a notice of appeal with the director. The notice of
appeal must be filed within 30 days following the certified mailing date of the
decision unless the appellant shows good cause for failure to receive actual
notice and file within the allowed time. The form of the notice of appeal and
appeal procedures are governed by 567-Chapter 7. The department shall mail a
copy of the notice of appeal to each person who commented on the application.
If the appeal is from denial of a permit and a notice of recommendation to
grant a permit was not published, the department shall publish the notice of
commencement of a contested case and provide an opportunity for interested
people to seek intervention in the contested case.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Form of decision. The initial decision on an application shall be a permit or disapproval issued by the department. Each permit shall include appropriate standard and special conditions consistent with Iowa Code sections 455B261. to 455B274. and 455B281. and 567-Chapters 52 to 54. The decision may incorporate by reference and attachment the summary report described in 50.7(2). Each decision shall include the following:
a. Determinations as to whether the project satisfies all relevant criteria not addressed in an attached summary report.
b. An explanation of the purpose for imposing each special condition.
c. Explanation of consideration given to all comments submitted pursuant to 50.7(3) and 50.7(4) unless the comments are adequately addressed in the attached summary report.
(2) Notice of initial decision. Copies of the initial decision shall be mailed to the applicant, any person who commented pursuant to 50.7(3), and any other person who has requested a copy of the decision. The decision shall be accompanied by a certification of the date of mailing. An initial decision becomes the final decision of the department unless a timely notice of appeal is filed in accordance with 50.9(17A,455B). The final decision may be filed with the appropriate county recorder to give constructive notice to future landowners of any conditions or requirements imposed by the final decision.