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SF 432

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.

2025-2026 Regular Session Introduced by Dawn Driscoll

Extends partition-fence rights/duties to DNR and county conservation boards; after fence-viewer orders, costs are shared and funded by REAP (DNR 28% open spaces, boards 30%).

Committee report approving bill, renumbered as SF 597.
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Bill Summary · SF 432

Summary: SF 432 (renumbered SF 597) — Rights and obligations for partition fences involving state/local entities; REAP funding

Overview

SF 432, introduced February 25, 2025 and later approved by a committee and renumbered as SF 597, expands the Iowa Department of Natural Resources (DNR) and county conservation boards’ participation in partition fences along land boundaries. The bill aligns public land management entities with the private landowner framework under Iowa’s fence law (Code chapter 359A) and defines funding mechanisms drawn from the Iowa Resources Enhancement and Protection (REAP) program.

Purpose and intent

  • Extend the rights and obligations of erecting and maintaining partition fences to DNR and county conservation boards when they control or manage land involved in a boundary dispute.
  • Ensure costs, after a fence-viewer order, are shared between the involved parties, with public entities contributing from REAP-funded accounts.

Key provisions

  • Public land entities’ status: DNR or a county conservation board, in the context of land they manage, have the same rights and duties as private landowners for erecting and maintaining partition fences.

  • Post-order funding requirement: After fence viewers issue an order designating each party’s share of fence costs, both parties must deposit funds to cover their respective shares plus the fence viewers’ expenses.

  • Funding sources:

    • DNR contributions: to come from the REAP open spaces account.
    • County conservation board contributions: to come from REAP’s county conservation account.

  • Continuity with existing law: The bill preserves the current framework of fence viewers and the adjudication process under Code 359A, but extends applicability to public land management entities.

Background context

  • Iowa’s fence law (Code chapter 359A) governs partition fences along boundary lines between adjoining lands. Either owner may build a fence and seek cost-sharing. Fence viewers (appointed trustees of the township) issue orders allocating costs, and non-compliance can trigger deposit requirements to fund the work subject to reimbursement.

Affected entities and stakeholders

  • State: Department of Natural Resources (DNR)
  • Local government: County conservation boards
  • Local governance: Fence viewers (township trustees)
  • Private landowners involved in boundary fences
  • REAP program administrators and account stewards

Procedural timeline and actions

  • Introduced: February 25, 2025 (referred to Agriculture)
  • Subcommittee: February 26, 2025 (Sweeney, Shipley, Zimmer) with meeting on Feb 27
  • Subcommittee action: February 26–27 recommendations
  • Committee action: March 3, 2025 (subsequently approved)
  • Final status: March 10, 2025, committee report approving the bill and renumbering to SF 597

Sponsor

  • Primary: Senator Driscoll

Practical impact

  • Public land management entities will participate in partition-fence cost-sharing similarly to private owners.
  • REAP funds are earmarked to operationalize these costs: open spaces (28%) for DNR and county conservation (30%) for boards, aligning fence obligations with REAP allocations.

Compiled from official sources — confirm details with the bill’s official record.

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