IA SF616

Bill

A bill for an act relating to the rights and obligations of certain state and local government entities in erecting, rebuilding, or repairing partition fences, including the allocation of moneys from accounts in the Iowa resources enhancement and protection fund.(Formerly SF 597, SF 432.)

Introduced
03/25/2025

In Committee

Crossed Over
04/29/2025

Passed

Dead

Introduced Session

91st General Assembly

Bill Summary

BACKGROUND —— IOWA RESOURCES ENHANCEMENT AND PROTECTION FUND. The Iowa resources enhancement and protection fund (REAP) consists of various accounts to carry out a policy to protect the state’s natural resource heritage of air, soils, waters, and wildlife (Code chapter 455A, subchapter II). Twenty-eight percent of moneys in REAP are allocated to the open spaces account, which supports programs of the department of natural resources (DNR) including the acquisition of land. Thirty percent of moneys in REAP are allocated to the county conservation account to support county conservation projects. BACKGROUND —— IOWA’S FENCE LAW. Iowa’s fence law (Code chapter 359A) in part governs the construction or maintenance of fences existing on the property boundary lines between adjoining land of different owners, referred to as a partition fence. Either owner may erect a partition fence and demand the other owner share in the expenses (referred to as contribution) (Code section 359A.1A). An owner may apply to a panel of fence viewers to decide a controversy between the owners which may result in an investigation and a form of adjudication (Code section 359A.22). The fence viewers are the trustees of the township where the property boundary is located (Code sections 359A.3 through 359A.11). The fence viewers must issue an order to the parties assigning each party their portion of the amount required to erect or maintain (rebuild, trim, cut back, or repair) the fence, which may be in the form of a monetary contribution. If the fence is not erected, rebuilt, or repaired within the time prescribed in the order, the complaining landowner must deposit an amount sufficient to pay for the work subject to reimbursement by the other landowner. BILL’S PROVISIONS. The bill provides that DNR or a county conservation board (board), with respect to the entity’s control or management of a tract of land, has the same rights and obligations as any private landowner when erecting and maintaining a partition fence. The bill provides that after fence viewers issue an order, the two parties must deposit an amount with the fence viewers sufficient to pay for that party’s portion of the costs plus the fence viewers’ expenses. DNR may make its contribution from moneys in REAP’s open spaces account and a board may make its contribution from moneys in REAP’s county conservation account.

AI Summary

This bill clarifies the rights and obligations of the Iowa Department of Natural Resources (DNR) and county conservation boards regarding partition fences, which are fences located on property boundaries between different landowners. Specifically, the bill establishes that these government entities have the same rights and responsibilities as private landowners when erecting, maintaining, rebuilding, or repairing such fences. When fence viewers (township trustees) issue an order specifying fence-related work and costs, both the complaining landowner and the DNR or county conservation board must deposit their assigned portion of the expenses. Uniquely, the DNR can use funds from the REAP (Resources Enhancement and Protection) open spaces account, while county conservation boards can use funds from the REAP county conservation account to pay their share of fence-related costs. The bill also provides detailed procedures for how these deposited funds will be handled, including specific timelines for payment and the circumstances under which each party is responsible for fence maintenance. This legislation aims to standardize how government conservation entities handle partition fence responsibilities, ensuring they are treated similarly to private landowners under Iowa's existing fence laws.

Committee Categories

Budget and Finance

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Appropriations (Senate)

Last Action

Message from Senate. H.J. 1079. (on 04/30/2025)

Official Document

https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF616

(3 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF616
Fiscal Note/Analysis - NOBA: Senate Floor	https://www.legis.iowa.gov/docs/publications/NOBA/1526884.pdf
Fiscal Note/Analysis - NOBA: Senate Full Approps	https://www.legis.iowa.gov/docs/publications/NOBA/1524969.pdf
BillText	https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/SF616.html

Bill	Bill Name	Last Action	Type
HSB195	A bill for an act requiring the department of natural resources to comply with requirements governing the erection and maintenance of partition fences.	House Natural Resources Committee (10:30:00 3/4/2025 RM 19)	Related
SF432	A bill for an act relating to the rights and obligations of certain state and local government entities in erecting, rebuilding, or repairing partition fences, including the allocation of moneys from accounts in the Iowa resources enhancement and protection fund.(See SF 597, SF 616.)	Committee report approving bill, renumbered as SF 597. S.J. 467.	Similar To
SF597	A bill for an act relating to the rights and obligations of certain state and local government entities in erecting, rebuilding, or repairing partition fences, including the allocation of moneys from accounts in the Iowa resources enhancement and protection fund.(Formerly SF 432; See SF 616.)	Committee report approving bill, renumbered as SF 616. S.J. 640.	Similar To

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Last Action

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