Martin v. Iowa Natural Resources Council

CARTER, Justice.

Petitioner appeals from the district court decision on judicial review affirming the respondent agency’s conditional grant of his after-the-fact application for permission to construct an agricultural levee. The case arises from petitioner’s act in placing a levee on the South Skunk River without obtaining prior approval of the Iowa Natural Resources Council as required by Iowa Code section 455A.33(3) (1981).

After discovering the existence of the unpermitted levee system, the agency required petitioner to submit a permit application with “as-built” engineering plans showing…