reglab/statecodes huggingface dataset:
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.39 - Benefit of whole subdistrict.

161A.39 Benefit of whole subdistrict.
Assessments for repair, alteration, enlargement, extension, and operation of works of improvement within the watershed district shall be a benefit to the entire subdistrict and levied as such.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.39]
C93, §161A.39
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.40 - Compensation of appraisers.

161A.40 Compensation of appraisers.
Persons appointed to appraise and make classifications of lands shall receive such compensation as the governing body may fix and in addition thereto, the necessary expenses of transportation of said persons while engaged in their work; such compensation and expenses shall be construed as part of the cost of the subdistrict which shall be included when considering classifications of lands within a subdistrict.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.40]
C93, §161A.40
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.41 - Election of taxing methods.

161A.41 Election of taxing methods.
Subdistricts organized under the provisions of this chapter shall designate in the petition which of the taxing methods will be used or may stipulate that both methods are contemplated for use. Should the governing body of the subdistrict find it desirable to change from a special annual tax to special benefit assessments it may elect to do so and shall institute proceedings described in sections 161A.23 through 161A.40 and may divert any moneys already collected under section 161A.20, for the purposes authorized in this chapter.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.41]
C93, §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.43 - Duty of property owners — liability.

161A.43 Duty of property owners — liability.
1. To conserve the fertility, general usefulness, and value of the soil and soil resources of this state, and to prevent the injurious effects of soil erosion, it is hereby made the duty of the owners of real property in this state to establish and maintain soil and water conservation practices or erosion control practices, as required by the regulations of the commissioners of the respective soil and water conservation districts. As used in this section, “owners of real property in this state” includes each state government agency, each political subdivision of the state, and each agency of such a political subdivision which has under its control publicly owned land, including but not limited to agricultural land, forests, parks, the grounds of state educational, penal and human service institutions, public highways, roads and streets, and other public rights-of-way.
2. A landowner shall not be liable for a claim based upon or arising out of a claim of negligent design or specification, negligent adoption of design or specification, or negligent installation, construction, or reconstruction of a soil and water conservation practice or an erosion control practice that was installed, constructed, or reconstructed in accordance with generally recognized engineering or safety standards, criteria, or design theory in existence at the time of the installation, construction, or reconstruction. A soil and water conservation practice or an erosion control practice installed, constructed, or reconstructed in compliance with rules adopted by the division and currently in effect shall be deemed to be installed, constructed, or reconstructed according to generally recognized engineering or safety standards, criteria, or design theory in existence at the time of the installation, construction, or reconstruction. A claim shall not be allowed for failure to upgrade, improve, or alter any aspect of an existing soil and water conservation practice or erosion control practice to a new, changed, or altered design standard. This subsection does not apply to a claim based on a failure of a landowner to upgrade, improve, or alter a soil and water conservation practice or erosion control practice in violation of law. This subsection does not apply to claims based upon gross negligence.
[C73, 75, 77, 79, 81, §467A.43]
92 Acts, ch 1184, §4; 92 Acts, ch 1239, §50
C93, §161A.43
94 Acts, ch 1023, §16; 2018 Acts, ch 1026, §60
Referred to in §161A.48, 161A.74
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.45 - Submission of regulations to committee — hearing.

161A.45 Submission of regulations to committee — hearing.
Regulations which the commissioners propose to adopt, amend, or repeal shall be submitted to the committee, in a form prescribed by the committee, for its approval. The committee may approve the regulations as submitted, or with amendments as it deems necessary. The commissioners shall, after approval, publish notice of hearing on the proposed regulations, as approved, in a newspaper of general circulation in the district, setting a date and time not less than ten nor more than thirty days after the publication when a hearing on the proposed regulations will be held at a specified place. The notice shall include the full text of the proposed regulations or shall state that the proposed regulations are on file and available for review at the office of the affected soil and water conservation district.
[C73, 75, 77, 79, 81, §467A.45]
86 Acts, ch 1245, §658; 87 Acts, ch 23, §32; 89 Acts, ch 106, §6
C93, §161A.45
Referred to in §161A.48, 161A.74
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.46 - Conduct of hearing.

161A.46 Conduct of hearing.
At the hearing, the commissioners or their designees shall explain, in reasonable detail, the reasons why adoption, amendment, or repeal of the regulations is deemed necessary or advisable. Any landowner, or any occupant of land who would be affected by the regulations, shall be afforded an opportunity to be heard for or against the proposed regulations. At the conclusion of the hearing, the commissioners shall announce and enter of record their decision whether to adopt or modify the proposed regulations. Any modification must be approved by the committee, which may at its discretion order the commissioners to republish the regulations and hold another hearing in the manner prescribed by this chapter.
[C73, 75, 77, 79, 81, §467A.46]
86 Acts, ch 1245, §659; 89 Acts, ch 106, §7
C93, §161A.46
Referred to in §161A.48, 161A.74
2023 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
2023 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 through 161A.47, this section, and sections 161A.49 through 161A.51 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; 2021 Acts, ch 80, §89
Referred to in §161A.47, 161A.49, 161A.61, 161A.71, 161A.74
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.75 - Use of moneys for emergency repairs.

161A.75 Use of moneys for emergency repairs.
1. The commissioners of a district may allocate moneys otherwise available for voluntary financial incentive programs as provided in section 161A.73 to provide for the restoration of permanent soil and water conservation practices which are damaged or destroyed because of a disaster emergency. In providing for the restoration, the commissioners may allocate moneys under this section for construction, reconstruction, installation, or repair projects. For each project the commissioners must determine that the allocation is necessary in order to restore permanent soil and water conservation practices in order to prevent erosion in excess of the applicable soil loss limits caused by the disaster emergency.
2. In order to allocate moneys under this section, the disaster emergency must have occurred in an area subject to a state of disaster emergency pursuant to a proclamation made by the governor as provided in section 29C.6. The commissioners shall use the moneys only to the extent that moneys from other sources, including any moneys provided by the state or federal government in response to the disaster emergency, are not adequate. The commissioners are not required to allocate the moneys on a cost-share basis.
3. Following the disaster emergency, the commissioners shall submit a report to the committee providing information regarding restoration projects and moneys allocated under this section for the projects.
97 Acts, ch 59, §2
Referred to in §161A.7
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.76 - Cost-sharing for certain lands restricted.

161A.76 Cost-sharing for certain lands restricted.
1. It is the intent of this chapter that each tract of agricultural land which has not been plowed or used for growing row crops at any time within the prior fifteen years shall for purposes of this section be considered classified as agricultural land under conservation cover. If a tract of land so classified is thereafter plowed or used for growing row crops, the commissioners of the soil and water conservation district in which the land is located shall not approve use of state cost-sharing funds for establishing permanent or temporary soil and water conservation practices on that tract of land in an amount greater than one-half the amount of cost-sharing funds which would be available for that land if it were not considered classified as agricultural land under conservation cover. The restriction imposed by this section applies even if an administrative order or court order has been issued requiring establishment of soil and water conservation practices on that land. The commissioners may waive the restriction imposed by this section if they determine in advance that the purpose of plowing or row cropping land classified as land under conservation cover is to revitalize permanent pasture and that the land will revert to permanent pasture within two years after it is plowed.
2. When receiving an application for state cost-sharing funds to pay a part of the cost of establishing a permanent or temporary soil and water conservation practice, the commissioners of the soil and water conservation district to which the application is submitted shall require the applicant to state in writing whether, to the best of the applicant’s knowledge, the land on which the proposed practice will be established is land considered to be classified as agricultural land under conservation cover, as defined in subsection 1. An applicant who knowingly makes a false statement of material facts or who falsely denies knowledge of material facts in completing the written statement required by this subsection commits a simple misdemeanor and, in addition to the penalty prescribed therefor by law, shall be required to repay to the department any cost-sharing funds made available to the applicant in reliance on the false statement or false denial.
[C81, §467A.65]
87 Acts, ch 23, §42
C93, §161A.76
2012 Acts, ch 1095, §18
Referred to in §161A.63, 161A.71
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.80 - Blufflands protection program and revolving fund.

161A.80 Blufflands protection program and revolving fund. Repealed by its own terms;
98 Acts, ch 1219, §17
;
2005 Acts, ch 178, §17
. See §161A.80A.
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.80A - Blufflands protection program and revolving fund.

161A.80A Blufflands protection program and revolving fund.
1. As used in this section, unless the context otherwise requires:
a. For purposes of this section only, “bluffland” means a cliff, headland, or hill with a broad, steep face along the channel or floodplain of the Missouri or Mississippi river and their tributaries.
b. “Conservation organization” means a nonprofit corporation incorporated in Iowa or an entity organized and operated primarily to enhance and protect natural resources in this state.
2. A blufflands protection revolving fund is created in the state treasury. All proceeds shall be divided into two equal accounts. One account shall be used for the purchase of blufflands along the Mississippi river and its tributaries and the other account shall be used for the purchase of blufflands along the Missouri river and its tributaries. The proceeds of the revolving fund are appropriated to make loans to conservation organizations which agree to purchase bluffland properties adjacent to state public lands. The department of agriculture and land stewardship, in conjunction with the department of natural resources, shall adopt rules pursuant to chapter 17A to administer the disbursement of funds. Notwithstanding section 12C.7, interest or earnings on investments made pursuant to this section or as provided in section 12B.10 shall be credited to the blufflands protection revolving fund. Notwithstanding section 8.33, unobligated or unencumbered funds credited to the blufflands protection revolving fund shall not revert at the close of a fiscal year. However, the maximum balance in the blufflands protection revolving fund shall not exceed two million five hundred thousand dollars. Any funds in excess of two million five hundred thousand dollars shall be credited to the rebuild Iowa infrastructure fund. No loan shall be made under this section on or after July 1, 2025.
3. This section is repealed on July 1, 2030.
2015 Acts, ch 132, §45
Referred to in §161A.80B
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.80B - Outstanding bluffland protection loans.

161A.80B Outstanding bluffland protection loans.
1. The principal and interest from any loan made pursuant to section 161A.80A, as enacted in
2015 Iowa Acts, ch 132, §45
, remaining outstanding on July 1, 2025, that would have been payable to the blufflands protection revolving fund created in section 161A.80A, shall instead be paid to the division on or after July 1, 2025, pursuant to the terms of the loan agreement. The moneys paid to the division shall be credited to the rebuild Iowa infrastructure fund created in section 8.57.
2. This section is repealed on July 1, 2030.
2015 Acts, ch 132, §46
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161C - WATER PROTECTION PROJECTS AND PRACTICES › Section 161C.1 - Definitions.

161C.1 Definitions.
As used or referred to in this chapter, unless a different meaning clearly appears from the context:
1. “Committee” means the state soil conservation and water quality committee established in section 161A.4.
2. “Department” means the department of agriculture and land stewardship.
3. “District” means a soil and water conservation district established in chapter 161A.
4. “Division” means the division of soil conservation and water quality created within the department pursuant to section 159.5.
5. “Landowner” includes any person, including a federal agency, this state or any of its political subdivisions, who holds title to land lying within a proposed district.
6. “United States” or “agencies of the United States” includes the United States of America, the United States department of agriculture natural resources conservation service, and any other agency or instrumentality, corporate or otherwise, of the United States.
88 Acts, ch 1189, §2
C89, §467F.1
C93, §161C.1
95 Acts, ch 216, §25; 2015 Acts, ch 103, §35; 2017 Acts, ch 159, §16
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161C - WATER PROTECTION PROJECTS AND PRACTICES › Section 161C.2 - Water protection projects and practices.

161C.2 Water protection projects and practices.
1. a. Each soil and water conservation district, alone and whenever practical in conjunction with other districts, shall carry out district-wide and multiple-district projects to support water protection practices in the district or districts, including projects to protect this state’s groundwater and surface water from point and nonpoint sources of contamination, including but not limited to contamination by agricultural drainage wells, sinkholes, sedimentation, or chemical pollutants.
b. Any work project with an estimated cost in excess of the competitive bid threshold in section 26.3, or as established in section 314.1B, shall be undertaken as a public contract as provided in chapters 73A and 573. The local contracting organization shall designate a contracting officer and shall establish procedures to manage the contract, approve bills for payment, and review proposed change orders or amendments to the contract.
2. An owner of or occupant of land within a district may establish a water protection practice under this chapter by entering into an agreement with the district in which the owner or occupant receives financial assistance to establish water protection practices in consideration for promising to maintain the practices according to rules adopted by the division. The financial assistance may be in the form of grants, loans, or cost-sharing arrangements. An agreement shall not be binding until the assistance is specifically approved for that land and made available to the owner or occupant.
3. The division shall approve an award of financial assistance based on an application submitted by the owner or occupant of the land. The division may require a copy of the application with an evaluation of the application by the district. Each application for financial assistance shall be considered under a priority system adopted by the district for disbursement of unallocated funds. The district, under the supervision of a district technician, shall design proposed clean water practices for which financial assistance has been obligated. The district shall determine compliance with applicable design standards and specifications. The landowner shall construct and is liable for the performance of the water protection practices on the land.
4. The division shall adopt rules necessary for the administration of this chapter, including rules relating to the approval of programs and projects, designing a project or water protection practices, the estimation of costs of a project or program, and the inspection of projects or practices being placed or maintained on the land.
88 Acts, ch 1189, §3
C89, §467F.2
C93, §161C.2
2000 Acts, ch 1068, §8; 2006 Acts, ch 1017, §22, 42, 43
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161C - WATER PROTECTION PROJECTS AND PRACTICES › Section 161C.3 - Cooperation with other agencies.

161C.3 Cooperation with other agencies.
Soil and water conservation districts may enter into agreements with the United States, as provided by state law, or with the state of Iowa or any agency of the state, any other soil and water conservation district, or other political subdivision of this state, for cooperation in preventing, controlling, or attempting to prevent or control contamination of groundwater or surface water by point and nonpoint sources of pollution. Soil and water conservation districts may accept, as provided by state law, any money disbursed for water quality preservation purposes by the federal government or any agency of the federal government, and expend the money for the purposes for which it was received.
88 Acts, ch 1189, §4
C89, §467F.3
C93, §161C.3
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161C - WATER PROTECTION PROJECTS AND PRACTICES › Section 161C.4 - Water protection fund.

161C.4 Water protection fund.
1. A water protection fund is created within the division. The fund is composed of money appropriated by the general assembly for that purpose, and moneys available to and obtained or accepted by the committee from the United States or private sources for placement in the fund. The fund shall be a revolving fund from which moneys may be used for loans, grants, administrative costs, and cost-sharing.
2. The fund shall be divided into two accounts, the water quality protection projects account and the water protection practices account. The first account shall be used to carry out water quality protection projects to protect the state’s surface and groundwater from point and nonpoint sources of contamination. The second account shall be used to establish water protection practices with individual landowners including but not limited to woodland establishment and protection, establishment of native grasses and forbs, sinkhole management, agricultural drainage well management, streambank stabilization, grass waterway establishment, stream buffer strip establishment, and erosion control structure construction. Twenty-five percent of funds appropriated to the water protection practices account shall be used for woodland establishment and protection, and establishment of native grasses and forbs. Soil and water conservation district commissioners shall give priority to applications for practices that implement their soil and water resource conservation plan.
3. In administering the fund the division may:
a. Contract, sue and be sued, and adopt rules necessary to carry out the provisions of this section, but the division or committee shall not in any manner directly or indirectly pledge the credit of this state.
b. Authorize payment from the water protection fund and from fees for costs, commissions, and other reasonable expenses.
88 Acts, ch 1189, §5
C89, §467F.4
89 Acts, ch 236, §16; 91 Acts, ch 260, §1235
C93, §161C.4
95 Acts, ch 216, §36; 2009 Acts, ch 41, §62; 2017 Acts, ch 159, §17
Referred to in §161A.73, 161C.7, 455A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161C - WATER PROTECTION PROJECTS AND PRACTICES › Section 161C.7 - Watershed protection.

161C.7 Watershed protection.
1. The department of agriculture and land stewardship shall implement and administer a watershed protection program. The department of agriculture and land stewardship, in consultation with the department of natural resources, shall annually establish a prioritized list of watersheds that are of the highest importance to the state’s water quality. The watershed protection program shall, to the extent practical, target for assistance those watersheds on the prioritized list. A soil and water conservation district, in cooperation with state agencies, local units of government, and private organizations, may submit an application for assistance to the department which provides a strategy for protecting soil, water quality, and other natural resources, and improving flood control in the watershed. Upon approval of an application, the department may provide a grant to the soil and water conservation district for purposes of carrying out the strategy provided in the application.
2. A watershed protection account is created within the water protection fund created in section 161C.4. Moneys credited to the account shall be distributed under the watershed protection program.
3. Administrative rules used for water quality protection projects under the water protection fund shall be used to administer the watershed protection program.
99 Acts, ch 204, §27; 2003 Acts, ch 179, §157; 2004 Acts, ch 1101, §26
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161D - LOESS HILLS AND SOUTHERN IOWA DEVELOPMENT AND CONSERVATION › Section 161D.2 - Loess hills development and conservation fund.

161D.2 Loess hills development and conservation fund.
A loess hills development and conservation fund is created in the state treasury. The fund shall include a hungry canyons account and a loess hills alliance account which shall be administered by the loess hills development and conservation authority. The proceeds of the respective accounts shall be used for the purposes specified in section 161D.1 or 161D.6 as applicable. The loess hills development and conservation authority may accept gifts, bequests, other moneys including, but not limited to, state or federal moneys, and in-kind contributions for deposit in the fund. The gifts, grants, bequests from public and private sources, state and federal moneys, and other moneys received by the authority shall be deposited in the respective accounts and any interest earned shall be credited to the respective accounts to be used for the purposes specified in section 161D.1 or 161D.6 as applicable. Notwithstanding section 8.33, any unexpended or unencumbered moneys remaining in the fund at the end of the fiscal year shall not revert to the general fund of the state, but the moneys shall remain available for expenditure by the authority in succeeding fiscal years.
93 Acts, ch 136, §2; 99 Acts, ch 119, §2
Referred to in §161D.1, 161D.3
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161D - LOESS HILLS AND SOUTHERN IOWA DEVELOPMENT AND CONSERVATION › Section 161D.3 - Definitions.

161D.3 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Alliance” means the loess hills alliance created in section 161D.5.
2. “Authority” means the loess hills development and conservation authority created in section 161D.1.
3. “Fund” means the loess hills development and conservation fund created in section 161D.2.
99 Acts, ch 119, §3; 2000 Acts, ch 1154, §15
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161D - LOESS HILLS AND SOUTHERN IOWA DEVELOPMENT AND CONSERVATION › Section 161D.4 - Mission statement.

161D.4 Mission statement.
The mission of the loess hills alliance is to create a common vision for Iowa’s loess hills, protecting special natural and cultural resources while ensuring economic viability and private property rights of the region.
99 Acts, ch 119, §4