reglab/housing_qa huggingface dataset:
IA Code § 161A.47 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.47 - Inspection of land on complaint.

161A.47 Inspection of land on complaint.   1. The commissioners shall inspect or cause to be inspected any land within the district to determine if land is being damaged by sediment, from soil erosion occurring on neighboring land in excess of the limits established by the district’s soil erosion control regulations. If the land is privately owned, the commissioners shall make or cause to be made the inspection, upon receiving a written complaint signed by an owner or occupant of land claiming that the owner’s or occupant’s land is being damaged by sediment. If the land is subject to a public interest, the commissioners shall make or cause to be made the inspection upon a majority vote of commissioners at an open meeting held pursuant to chapter 21. Land is subject to a public interest if the land is publicly held, subject to an easement held by the public, or the subject of an improvement made at public expense.   2. If, after the inspection, the commissioners find that sediment damages are occurring to land which is owned or occupied by the person filing the complaint or subject to a public interest, and that excess soil erosion is occurring on neighboring land, the commissioners shall issue an administrative order to the landowner or landowners of record, and to the occupant of the land if known to the commissioners. The order shall describe the land and state as nearly as possible the extent to which soil erosion on the land exceeds the limits established by the district’s regulations.   3. The order shall be delivered either by personal service or by restricted certified mail to each of the persons to whom it is directed, and shall:   a. In the case of erosion occurring on the site of any construction project or similar undertaking involving the removal of all or a major portion of the vegetation or other cover, exposing bare soil directly to water or wind, state a time not more than five days after service or mailing of the notice of the order when work necessary to establish or maintain erosion control practices must be commenced, and a time not more than thirty days after service or mailing of the notice of the order when the work is to be satisfactorily completed.   b. In all other cases, state a time not more than six months after service or mailing of the notice of the order, by which work needed to establish or maintain the necessary soil and water conservation practices or erosion control measures must be commenced, and a time not more than one year after the service or mailing of the notice of the order when the work is to be satisfactorily completed, unless the requirements of the order are superseded by the provisions of section 161A.48.  [C73, 75, 77, 79, 81, §467A.47]  87 Acts, ch 23, §33; 92 Acts, ch 1057, §1  C93, §161A.47  2009 Acts, ch 41, §202  Referred to in §161A.48, 161A.49, 161A.61, 161A.64, 161A.66, 161A.71, 161A.74
IA Code § 161A.48 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.48 - Mandatory establishment of soil and water conservation practices.

161A.48 Mandatory establishment of soil and water conservation practices.   1. An owner or occupant of agricultural land in this state is not required to establish any new permanent or temporary soil and water conservation practice unless cost-share or other public moneys have been specifically approved for that land and made available to the owner or occupant pursuant to section 161A.74.   2. Evidence that an application for cost-share or other public moneys, from a source or sources having authority to pay a portion of the cost of work needed to comply with an administrative order issued pursuant to section 161A.47, has been submitted to the proper officer or agency constitutes commencement of the work within the meaning of sections 161A.43 through 161A.53.   3. Upon receiving evidence of the submission of an application, the commissioners shall forward to the officer or agency to which the application was made a written request to receive notification of the disposition of the application. When notified of the approval of the application, the commissioners shall issue to the same parties who received the original administrative order, or their successors in interest, a supplementary order, to be delivered in the same manner as provided by sections 161A.43 to 161A.53 for delivery of original administrative orders. The supplementary order shall state a time, not more than six months after approval of the application for public cost-sharing funds, by which the work needed to comply with the original administrative order shall actually be commenced, and a time thereafter when the work is to be satisfactorily completed. If feasible, that time shall be within one year after the date of the supplementary order, but the owner of land on which a soil and water conservation practice is being established under this section is not required to incur a cost for the practice in any one calendar year which exceeds ten dollars per acre for each acre of land belonging to that owner and located in the county containing the land on which the required practice is being established or in counties contiguous to that county.  [C73, 75, 77, 79, 81, §467A.48]  84 Acts, ch 1192, §1; 86 Acts, ch 1245, §660; 87 Acts, ch 23, §34; 89 Acts, ch 106, §8; 90 Acts, ch 1255, §35; 90 Acts, ch 1260, §29; 91 Acts, ch 268, §238; 92 Acts, ch 1184, §5  C93, §161A.48  96 Acts, ch 1083, §3  Referred to in §161A.47, 161A.49, 161A.61, 161A.71, 161A.74
IA Code § 161A.49 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.49 - Petition for court order.

161A.49 Petition for court order.   The commissioners shall petition the district court for a court order requiring immediate compliance with an administrative order previously issued by the commissioners as provided in section 161A.47, if:   1. The work necessary to comply with the administrative order is not commenced on or before the date specified in such order, or in any supplementary order subsequently issued as provided in section 161A.48, unless in the judgment of the commissioners the failure to commence or complete the work as required by the administrative order is due to factors beyond the control of the person or persons to whom such order is directed and the person or persons can be relied upon to commence and complete the necessary work at the earliest possible time.   2. Such work is not being performed with due diligence, or is not satisfactorily completed by the date specified in the administrative order, or when completed does not reduce soil erosion from such land below the limits established by the soil and water conservation district’s regulations.   3. The person or persons to whom the administrative order is directed advise the commissioners that they do not intend to commence or complete such work.  [C73, 75, 77, 79, 81, §467A.49]  C93, §161A.49  Referred to in §161A.48, 161A.50, 161A.74
IA Code § 161A.50 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.50 - Burden — court order.

161A.50 Burden — court order.   In any action brought under section 161A.49, the burden of proof shall be upon the commissioners to show that soil erosion is in fact occurring in excess of the applicable soil loss limits and that the defendant has not established or maintained soil and water conservation practices or erosion control practices in compliance with the soil and water conservation district’s regulations. With respect to construction, repair, or maintenance of any public street, road, or highway, evidence that soil erosion control standards equivalent to or in excess of those currently imposed by the United States government on the project or like projects involving use of federal funds shall create a presumption of compliance with the applicable soil loss limit. Upon receiving satisfactory proof, the court shall issue an order directing the landowner or landowners to comply with the administrative order previously issued by the commissioners. The court may modify such administrative order if deemed necessary. Notice of the court order shall be given either by personal service or by restricted certified mail to each of the persons to whom the order is directed, who may within thirty days from the date of the court order appeal to the supreme court. Any person who fails to comply with a court order issued pursuant to this section within the time specified in such order, unless the order has been stayed pending an appeal, shall be deemed in contempt of court and may be punished accordingly.  [C73, 75, 77, 79, 81, §467A.50]  C93, §161A.50  Referred to in §161A.48, 161A.61, 161A.74
IA Code § 161A.51 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.51 - Entering on land.

161A.51 Entering on land.   The commissioners and their authorized agents or employees may enter upon any private or public property, except private dwellings, at any reasonable time to classify land by soil sampling or other appropriate methods or to determine whether soil erosion is occurring on the property in violation of the district’s regulations.   1. If the owner or occupant of any property refuses admittance, or if prior to such refusal the commissioners demonstrate the need for a warrant, the commissioners may make an application under oath or affirmation to the district court of the county in which the property is located for the issuance of a search warrant.   2. In the application the commissioners shall state that entry on the premises is mandated by the laws of this state or that entry is needed to conduct soil sampling necessary to classify soil in the district as specified in section 161A.44, subsection 1, or to determine whether soil erosion is occurring on the property in violation of the district’s regulations. The application shall describe the area or premises, give the date of the last known investigation or sampling, give the date and time of the proposed inspection, declare the need for such inspection, recite that notice of desire to make an inspection has been given to affected persons and that admission was refused if that be the fact, and state that the inspection has no purpose other than to carry out the purpose of the statute, ordinance or regulation pursuant to which the inspection is to be made.   3. The court may issue a search warrant, after examination of the applicant and any witnesses, if the court is satisfied that there is probable cause to believe the existence of the allegations in the application.   4. In soil sampling and making investigations pursuant to a warrant, the commissioners must execute the warrant in a reasonable manner within the time period specified in the warrant.  [C73, 75, 77, 79, 81, §467A.51]  C93, §161A.51  Referred to in §161A.48, 161A.74
IA Code § 161A.53 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.53 - Cooperation with other agencies.

161A.53 Cooperation with other agencies.   Soil and water conservation districts may enter into agreements with the federal government or an agency of the federal government, as provided by state law, or with the state of Iowa or an agency of the state, any other soil and water conservation district, or any other political subdivision of this state, for cooperation in preventing, controlling, or attempting to prevent or control soil erosion. Soil and water conservation districts may accept, as provided by state law, money disbursed for soil erosion control purposes by the federal government or an agency of the federal government, and expend the money for the purposes for which it was received.  [C73, 75, 77, 79, 81, §467A.53]  86 Acts, ch 1238, §61; 87 Acts, ch 23, §35; 89 Acts, ch 83, §59  C93, §161A.53  Referred to in §161A.48, 161A.74
IA Code § 161A.54 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.54 - State agency conservation plans — exemptions.

161A.54 State agency conservation plans — exemptions.   Each state agency shall enter into an agreement with the soil and water conservation district in which the state agency has public land under its control in cultivation. The agreement shall contain a plan of the state agency to prevent soil erosion in excess of soil loss limits by the use of soil and water conservation practices and erosion control practices. This section applies to all public land which is used for horticultural or agricultural purposes. State soil conservation cost-sharing funds shall not be used on these public lands. Conservation plans required by this section shall be completed by July 1, 1986, and implementation shall occur consistent with the schedule contained in the conservation plan. Application for exemption from this section may be submitted to the appropriate soil and water conservation district. The exemption shall be granted for land upon which soil management research for the purposes of the study, evaluation, understanding and control of erosion, sedimentation and run-off water is conducted by or in conjunction with institutions governed by the board of regents.  85 Acts, ch 133, §1  CS85, §467A.54  87 Acts, ch 23, §36  C93, §161A.54
IA Code § 161A.62 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.62 - Duties of commissioners and of owners and occupants of agricultural land — restrictions on use of cost-sharing funds.

161A.62 Duties of commissioners and of owners and occupants of agricultural land — restrictions on use of cost-sharing funds.   The commissioners of each soil and water conservation district shall seek to implement or to assist in implementing the following requirements:   1. The commissioners of each soil and water conservation district shall complete preparation of a farm unit soil conservation plan for each farm unit within the district as soon as adequate funding is available to permit compliance with this requirement.   a. Technical assistance in the development of the farm unit soil conservation plan may be provided by the United States department of agriculture natural resources conservation service through the memorandum of understanding with the district or by the department. The commissioners shall make every reasonable effort to consult with the owner and, if appropriate, with the operator of that farm unit, and to prepare the plan in a form which is acceptable to that person or those persons.   b. The farm unit soil conservation plan shall be drawn up and completed without expense to the owner or operator of the farm unit, except that the owner or operator shall not be reimbursed for the value of the owner’s or occupant’s own time devoted to participation in the preparation of the plan.   c. If the commissioners’ farm unit soil conservation plan is unacceptable to the owner or operator of the farm unit, that person or those persons may prepare an alternative farm unit soil conservation plan identifying permanent or temporary soil and water conservation practices which may be expected to achieve compliance with the soil loss limit or limits applicable to that farm unit, and submit that plan to the soil and water conservation district commissioners for their review.   2. Within one year after completion of a farm unit soil conservation plan for a particular farm unit which is acceptable both to the commissioners of the soil and water conservation district within which the farm unit is located and to the owner and, if appropriate, to the operator of that farm unit, the commissioners shall offer to enter into a soil conservation agreement with the owner, and also with the operator if appropriate, based on the mutually acceptable farm unit soil conservation plan.  [C81, §467A.62; 81 Acts, ch 153, §1]  86 Acts, ch 1238, §22; 87 Acts, ch 17, §10; 87 Acts, ch 23, §39  C93, §161A.62  95 Acts, ch 216, §25; 2012 Acts, ch 1095, §14, 15  Referred to in §161A.63
IA Code § 161A.63 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.63 - Right of purchaser of agricultural land to obtain information.

161A.63 Right of purchaser of agricultural land to obtain information.   A prospective purchaser of an interest in agricultural land located in this state is entitled to obtain from the seller, or from the office of the soil and water conservation district in which the land is located, a copy of the most recently updated farm unit soil conservation plan, developed pursuant to section 161A.62, subsection 1, which is applicable to the agricultural land proposed to be purchased. A prospective purchaser of an interest in agricultural land located in this state is entitled to obtain additional copies of the document referred to in this section from the office of the soil and water conservation district in which the land is located, promptly upon request, at a fee not to exceed the cost of reproducing them. All persons who identify themselves to the commissioners or staff of a soil and water conservation district as prospective purchasers of agricultural land in the district shall be given information, prepared in accordance with rules of the department, which clearly explains the provisions of section 161A.76.  [C81, §467A.63]  87 Acts, ch 23, §40  C93, §161A.63  2012 Acts, ch 1095, §16; 2012 Acts, ch 1138, §55
IA Code § 161A.66 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.66 - Procedure when commissioner is complainant.

161A.66 Procedure when commissioner is complainant.   A soil and water conservation district commissioner who is an owner or occupant of land being damaged by sediment has the same right as any other person in like circumstances to file a complaint under section 161A.47; however, a commissioner who is the complainant shall not vote on the question whether, on the basis of the inspection made pursuant to the complaint, the commissioners shall issue an administrative order under section 161A.47.  [C81, §467A.66]  87 Acts, ch 23, §43  C93, §161A.66
IA Code § 161A.70 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.70 - Establishment and purpose.

161A.70 Establishment and purpose.   Financial incentive programs are established within the division in order to protect the long-term productivity of the soil and water resources of the state from erosion and sediment damage, and to encourage the adoption of farm management and agricultural practices which are consistent with the capability of the land to sustain agriculture and preserve this state’s natural resources.  92 Acts, ch 1184, §6  Referred to in §159.18, 161A.72
IA Code § 161A.72 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.72 - Administration.

161A.72 Administration.   1. Financial incentives provided under this chapter shall be administered by the division. The incentives shall be supported with funds appropriated by the general assembly, and moneys available to or obtained by the division or the committee from public or private sources, including but not limited to the United States, other states, or private organizations. The division shall adopt all rules consistent with chapter 17A necessary to carry out the purpose of this subchapter as provided in section 161A.70.   2. The commissioners of a district shall, to the extent funding is available, contract with a person who is an owner or occupant of land within the district applying to establish soil and water conservation practices as provided in this chapter. Under the agreement, the person shall receive financial incentives to establish permanent soil and water conservation practices and management practices, in consideration for promising to maintain the practices according to rules adopted by the division. If the land subject to an agreement is converted to a nonagricultural use that does not require a permanent soil and water conservation practice which has been established with financial incentives, the permanent soil and water conservation practice shall not be removed until the owner pays an amount to the district, which shall be deposited into a fund established by the district for use in providing financial incentives under this chapter. The amount shall be a prorated share of the amount paid in financial incentives to establish the practice, as provided in rules adopted by the division.  92 Acts, ch 1184, §7; 96 Acts, ch 1083, §4; 2016 Acts, ch 1011, §38
IA Code § 161A.74 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 161A - SOIL AND WATER CONSERVATION|Section 161A.74 - Mandatory establishment of soil and water conservation practices — allocations.

161A.74 Mandatory establishment of soil and water conservation practices — allocations.   1. The commissioners shall allocate cost-share moneys to establish mandatory soil and water conservation practices, as provided in sections 161A.43 through 161A.53, according to the following requirements:   a. The financial incentives shall not exceed more than fifty percent of the estimated cost of establishing the practices as determined by the commissioners, or fifty percent of the actual cost of establishing the practices, whichever is less. However, the commissioners may allocate an amount determined by the committee for management of soil and water conservation practices, except as otherwise provided regarding land classified as agricultural land under conservation cover.   b. The commissioners shall establish the estimated cost of the permanent soil and water conservation practices in the district based upon one and two-tenths of the average cost of the practices installed in the district during the previous year. The average costs shall be reviewed and approved by the commissioners each year.   2. The committee shall review requirements of this section once each year. The committee may authorize commissioners in districts to condition the establishment of a mandatory soil and water conservation practice in a specific case on a higher proportion of public cost-sharing than is required by this section. The commissioners shall determine the amount of cost-sharing moneys allocated to establish a specific soil and water conservation practice in accordance with an administrative order issued pursuant to section 161A.47 by considering the extent to which the practice will contribute benefits to the individual owner or occupant of the land on which the practice is to be established.  92 Acts, ch 1184, §9; 92 Acts, ch 1239, §53, 54  Referred to in §161A.48