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IOWA WEATHER

Bill Intends to Overturn Local Rules on Topsoil Restoration



The Iowa legislature is attempting to ban cities and counties setting requirements for topsoil restoration on building sites. It would also force cities and counties to repeal their ordinances that have requirements for contractors and homebuilders to restore topsoil and reduce soil compaction on building sites.

Bill SF455 has already passed the Senate and is now under consideration by the House Local Government Committee. Ask the members of the House Local Government Committee to oppose SF455 -

To look up your house member, see www.legis.iowa.gov/legislators/house
To find your legislators, see www.legis.iowa.gov/legislators/find

In 2015 the Iowa Department of Natural Resources revised its topsoil rule so that a developer or homebuilder would be allowed to decide how much topsoil to replace, if any, following construction. Previously the rule required four inches of topsoil to be returned. That led to cities and counties establishing their own topsoil requirement.

The stormwater permit (NPDES General Permit 2) that contractors must obtain does not specify the amount of topsoil that must be returned to a building site after construction. It states that the permittee "shall minimize soil compaction and, unless infeasible, preserve topsoil". Further, NPDES Permit 2 states, "'Infeasible' shall mean not technologically possible, or not economically practicable and achievable in light of the best industry practices." What it boils down to is that contractors often do not leave adequate topsoil on lots and often leave heavily compacted lots. That frustrates homeowners who are trying to grow grass, gardens, ornamental plants, and trees on their lots.

Reasons for the topsoil restoration are to help increase water infiltration into the soil, to prevent runoff and erosion, to retain healthy soil and to lessen the degradation of water quality. Topsoil retention will aid the homeowners in their efforts to establish landscaping on their lots – grass, trees and gardens.

Topsoil holds water on the land and also holds fertilizer. When the topsoil has been stripped from a lot and not returned, water runs off the land, exacerbating flood risks. To make matters worse, fertilizers do not stay in the ground, instead running into Iowa's lakes, rivers, and streams.

Homeowners across the state complain about properties where no topsoil was returned to the building site. Homeowners thought they were purchasing a lot with topsoil, only to find that the sod was laid on compacted soil with no topsoil returned. They relate horror stories about the inability to grow trees, grass, and gardens.

Source:sierraclub.org

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