State Ex Rel. Iowa Department of Natural Resources v. Shelley

SCHLEGEL, Judge.

Robert and Sally Shelley own property in rural Guthrie County, Iowa. The South Raccoon River runs along one side of the property,, and the property is in the flood plain of the river. Over many years Shelleys placed materials such as metal fencing and automobile parts, scrap wood, and concrete on their property with the intention of decreasing erosion from the river.

In June 1989 the Iowa Department of Natural Resources (DNR) investigated a complaint that Shelleys were dumping solid waste on their property. Metal and wood' are considered solid waste under Iowa Code section…