reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 16 - Water Quality Initiative › Rule 27-16.4 - Eligible Practices

Current through Register Vol. 47, No. 3, July 24, 2024
Only practices whose function improves water quality will be
				  eligible for funds. These practices are identified in the nutrient reduction
				  strategy or by the division. Practices shall meet applicable Natural Resources
				  Conservation Service conservation standards and specifications or applicable
				  standards and specifications set out by the department. Urban infrastructure
				  program projects shall meet the applicable standards in the Iowa storm water
				  management manual published by the department of natural resources. Permanent
				  practices eligible for funding include but are not limited to wetlands,
				  bioreactors, buffers, structures, land use changes, terraces, waterways and
				  managed drainage systems. Management practices eligible for funding include but
				  are not limited to cover crops and living mulches. Application may be made to
				  the division for cost-share funding for individual cost-share practices or for
				  projects.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 16 - Water Quality Initiative › Rule 27-16.7 - Targeted Watershed Demonstration Projects

Current through Register Vol. 47, No. 3, July 24, 2024
Projects shall be conducted in the identified watersheds. The
				  division shall conduct water quality evaluations within supported
				  subwatersheds.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 16 - Water Quality Initiative › Rule 27-16.8 - Project Threshold Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General application
				requirements.
Project applications shall include the demonstration,
				outreach, and education objectives of the project and the plan for
				implementation; project costs, including the estimated cost of each measure to
				be implemented for each year of participation; anticipated landowner
				contributions; requested cost-share match; and expected contributions from
				project participants. Personnel needs and contributions should be
				outlined.
(2)
Landowner
				interest.
An assessment of the interest and participation of the
				eligible applicants shall be included. A majority of the eligible applicants
				must reside or own land in the demonstration project. Collaborative
				participation by eligible applicants in the same identified subwatershed will
				be viewed favorably.
(3)
Project maintenance.
Measures to be taken to ensure the
				long-term viability of the project through maintenance agreements, easements,
				or other such measures will be outlined in the agreement.
(4)
Time frame.
The time
				frame for implementation will be identified in the application and set out in
				the agreement.
(5)
Project
				evaluation.
The criteria for evaluation plans will be identified in
				the request for applications, and an evaluation plan will be contained in the
				project application.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 16 - Water Quality Initiative › Rule 27-16.9 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
review. Identified watershed projects meeting the threshold
				  requirements will be reviewed, evaluated and ranked by the division using
				  criteria described in the request for applications. Funding recommendations
				  will take into account the program objective to demonstrate and promote a
				  variety of conservation practices in combination with education and
				  outreach.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 16 - Water Quality Initiative › Rule 27-16.10 - Annual Review

Current through Register Vol. 47, No. 3, July 24, 2024
The division will review each project annually. The division
				  may establish a budget for the next project year; renegotiate with the
				  applicant or recipient about the objectives, procedures, budget, reports or
				  time schedule; or terminate the project.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 16 - Water Quality Initiative › Rule 27-16.11 - Contract Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Recipients must complete performance and maintenance of the
				  practice as required by the contract. Practices shall meet applicable Natural
				  Resources Conservation Service conservation standards and specifications or
				  applicable standards and specifications set out in the contract. The division
				  may, for cause, find that a recipient is not in compliance with the
				  requirements. At the division's discretion, remedies for noncompliance may
				  include penalties up to and including the return of funds to the division.
				  Reasons for a finding of noncompliance include but are not limited to the
				  recipient's use of funds for activities not described in the contract, the
				  recipient's failure to complete funded projects in a timely manner, the
				  recipient's failure to carry out the terms of the performance/maintenance
				  agreement, the recipient's failure to comply with applicable state or local
				  rules or regulations, or the lack of a continuing capacity of the recipient to
				  carry out the approved project in a timely manner.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 16 - Water Quality Initiative › Rule 27-16.12 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
A recipient who has been ordered to maintain, repair or
				  reconstruct a temporary or permanent practice subject to a
				  maintenance/performance agreement may, as appropriate, review the order with
				  the division. When a recipient wishes to appeal an order to maintain, repair or
				  reconstruct a temporary or permanent practice subject to a
				  maintenance/performance agreement, the recipient may file a written request for
				  review with the division. The division review shall be conducted by the
				  division director or the director's designee. This proceeding shall be
				  informal. The recipient shall request the review with the secretary in writing
				  within 30 days following the review with the division. The secretary or the
				  secretary's designee will either affirm, modify, or vacate the administrative
				  order following the completion of the contested case hearing.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.10 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes procedures and standards to be
				  followed by the division of soil conservation and water quality, department of
				  agriculture and land stewardship, in accordance with the policies of the state
				  soil conservation and water quality committee in implementing the Iowa Soil
				  2000 Program goal of satisfactorily controlling erosion on all Iowa land. It
				  also establishes standards and guidelines which the soil and water conservation
				  districts will use in fulfilling their responsibilities under this
				  program.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.11 - Rules or Subrules Are Severable

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of a rule or subrule or the application
				  thereof to any person or circumstance is held invalid, the invalidity does not
				  affect other provisions or applications of the rule or subrule which can be
				  given effect without invalid provision or application, and to this end the
				  provisions of these rules or subrules are severable.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.20 - Availability, Development, Distribution, Updating and Notice of Conservation Folders

Current through Register Vol. 47, No. 3, July 24, 2024
This division establishes rules for the development,
				  distribution, updating, and minimum requirements for notifying landowners that
				  a conservation folder has been developed. This section also defines the
				  responsibilities of the seller and the district to provide copies of
				  conservation folders and farm unit soil conservation plans to a prospective
				  purchaser.
(1)
Priority for
				development of conservation folders.
The district staff when
				developing conservation folders as required by Iowa Code section
				161A.62
				will include as a minimum the content items required by 20.30(161A) of these
				rules.
The district commissioners will select priority watershed(s)
				  or area(s) within their district, using the following criteria:
a. Highest priority will be given to
				watersheds or areas with the largest percentage of acreage of soils in the
				first priority criteria.
b. Lowest
				priority will be given to watersheds or areas with the largest percentage of
				acreage of soils in the fifth priority criteria.
c. If after screening watersheds or areas
				against these priority criteria, no watersheds or areas fall in the highest
				priority, that district will select the next highest category for which soils
				exist in that district as the top priority category.
d. Priority criteria.
(1) Fragile soils which under present
				agricultural use and management will be depleted in 20 years.
(2) Fragile soils which under present
				agricultural use and management will be depleted in 40 years.
(3) Excessively eroding soils that under
				present agricultural use and management are eroding greater than 15 tons per
				acre per year.
(4) Excessively
				eroding soils that under present agricultural use and management are eroding
				greater than 10 tons per acre per year.
(5) Excessively eroding soils that under
				present agricultural use and management are eroding greater than the districts
				adopted soil loss limits.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.30 - Conservation Folder Content

Current through Register Vol. 47, No. 3, July 24, 2024
This division establishes rules concerning required content
				  items and establishes guidelines for the inclusion of additional material at
				  the discretion of the commissioners. The conservation folder contents will
				  provide the landowner and operator with adequate information to develop an
				  understanding of the impacts of excessive erosion, the approximate rate of
				  erosion on their own land, potential alternative solutions to excessive
				  erosion, their erosion control obligations under Iowa law and information about
				  available educational, technical and financial assistance.
(1)
Standard conservation folder
				content.
a. Concise document
				covering the following:
(1) Short-term and
				long-term economic effects of erosion.
(2) Effects associated with potential land
				treatments; economic, yield, operational, management.
(3) Low cost land treatment
				alternatives.
(4) Explanation of
				Iowa's soil conservation laws and landowner's responsibilities.
(5) Erosion's impact on long-term
				productivity.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.40 - Farm Unit Soil Conservation Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The farm unit soil conservation plan as defined in rule
				  20.70(161A) will identify specific permanent and temporary soil and water
				  conservation practices for achieving erosion control to meet soil loss limits
				  established by the district. Where practicable, the plan shall also identify
				  alternatives by which this objective may be obtained. The completed plan must
				  be acceptable to and approved by the commissioners.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.50 - Conservation Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
This part establishes procedures for entering conservation
				  agreement as defined in rule
				  27-20.70
				  (161A) between district commissioners and landowners and operators.
(1) In accordance with Iowa Code section
				161A.62,
				for any farm unit that has received a conservation folder after January 1,
				1986, or one year after the completion of the farm unit plan, whichever is
				later, state cost-sharing funds through the voluntary program will be available
				only when a conservation agreement is in effect.
(2) Eligibility. A landowner and, if
				appropriate, the operator of a farm unit, may enter into a conservation
				agreement with the commissioners after a farm unit soil conservation plan has
				been approved by the commissioners.
(3) Initiation of conservation agreement.
				Within 60 days after the commissioners approve a farm unit soil conservation
				plan, the district shall offer to enter into a conservation agreement with the
				landowner.
(4) Conservation
				agreement form. The schedule for implementing the farm unit soil conservation
				plan will be recorded on form SCD-6. To complete the conservation agreement,
				form SCD-6 will be signed by the landowner and the chairman of the
				district.
(5) Period of
				conservation agreement. The implementation period of the initial agreement
				shall not exceed five years, unless amended as defined in 20.50(7).
(6) Performance of conservation agreement. To
				continue to qualify for state cost-share funds, the landowner shall implement
				the agreed-upon soil conservation practices according to the schedule contained
				in the conservation agreement.
(7)
				Amending or extending the conservation agreement. Conservation agreements may
				be amended or extended provided the revisions are mutually acceptable to the
				landowner and the commissioners, for reasons not limited to but including the
				following:
a. Lack of public cost-share
				funding.
b. Loss or gain of land
				under agreement.
c. Uncontrollable
				circumstances (flood, drought, hail).
d. Economic constraints on the
				landowner.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.60 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
This part establishes rules concerning standards and records
				  necessary to ensure orderly progress toward attaining the requirements of Iowa
				  Code section
				  161A.62
				  to furnish a conservation folder to owners of every farm unit in
				  Iowa.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.61 - Record of Distribution-district File

Current through Register Vol. 47, No. 3, July 24, 2024
The district will maintain a file system, indexed according
				  to township, range and section to adequately describe each farm unit, that
				  contains a record of:
1. The date the
				conservation folder was certified complete.
2. The date a letter of notification was sent
				to the landowner.
3. The
				landowner's name and address.
4.
				The operator's name and address.
5.
				The date the conservation folder was delivered and:
By whom,
To whom,
Method of delivery.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.62 - Conservation Folder File Copy

Current through Register Vol. 47, No. 3, July 24, 2024
The district will maintain a record of information furnished
				  to each farm unit. The file will also contain all correspondence related to
				  notification, delivery and updating of the conservation
				  folder.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 20 - Iowa Soil 2000 Program › Rule 27-20.63 - Program Performance Records

Current through Register Vol. 47, No. 3, July 24, 2024
The district will use existing record systems to provide a
				  data base from which progress can be identified by the division in the
				  following areas:
1. Implementing
				treatment of fragile soils
2.
				Reducing nonpoint source pollution
3. Reducing excessive soil erosion
4. Attaining a nondepleting level of erosion
				on all agricultural lands.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.10 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes procedures and standards to be
				  followed by the division of soil conservation and water quality, Iowa
				  department of agriculture and land stewardship, in accordance with the policies
				  of the state soil conservation and water quality committee in implementing
				  water quality protection projects through the water protection fund created in
				  Iowa Code chapter 161C. These projects will protect the state's groundwater and
				  surface water from point and nonpoint sources of contamination, including but
				  not limited to agricultural drainage wells, sinkholes, sedimentation, and
				  chemical pollutants. Water protection fund resources will provide
				  administrative, operational, and personnel support for the projects and funds
				  for management and structural measures to address identified water quality
				  problems.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.11 - Rules or Subrules Are Severable

Current through Register Vol. 47, No. 3, July 24, 2024
If any provisions of a rule or subrule or the application
				  thereof to any person or circumstance is held invalid, the invalidity does not
				  affect other provisions or applications of the rule or subrule which can be
				  given effect without invalid provisions or application, and to this end the
				  provisions of these rules or subrules are severable.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.20 - Announcement, Eligibility, Development and Submission of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Part 2 establishes procedures for announcement, eligibility,
				  development and submission of applications for water quality projects supported
				  through the water protection fund.
(1)
Announcement of application opportunities.
The state soil
				conservation and water quality committee will announce to districts and other
				interested parties the opportunity to submit applications for projects. The
				announcement will state:
a. The application
				submission deadline.
b. The
				location to which applications will be submitted.
c. The number of copies of applications to be
				submitted.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.30 - Water Quality Protection Project Application Content

Current through Register Vol. 47, No. 3, July 24, 2024
Part 3 establishes the minimum content requirements of
				  project applications.
(1)
Title, applicant and participants.
Each application will
				identify:
a. Water quality protection project
				title.
b. Name of district or
				districts submitting the application.
c. Names of participating agencies and
				organizations.
d. Number of
				landowners within the project area.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.31 - Project Water Quality Improvement Objectives

Current through Register Vol. 47, No. 3, July 24, 2024
Each application will identify:
(1) Water quality objectives of the
				project.
(2) Measures to be taken
				to address each water quality problem identified within the project.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.32 - Project Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Each application will identify on an annual basis:
(1)
Project measure costs.
a. Estimated cost of each measure to be
				implemented.
b. Landowner
				contribution.
c. Financial
				incentive contribution of the water protection fund.
d. Financial or other contribution of project
				participants.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.34 - Project Maintenance

Current through Register Vol. 47, No. 3, July 24, 2024
Each application will describe measures to be taken to ensure
				  the long-term viability of the implemented project through maintenance
				  agreements, easements, or other such measures.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.36 - Project Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
Each application will describe criteria that will be used to
				  evaluate the success of the project. Evaluation criteria should state, at a
				  minimum, projected landowner participation and water quality
				  improvements.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.40 - Proposal Review

Current through Register Vol. 47, No. 3, July 24, 2024
Part 4 establishes the process that the state soil
				  conservation and water quality committee will follow in reviewing the
				  applications submitted and selecting which, if any, will be funded.
(1) The state soil conservation and water
				quality committee will give consideration to the following criteria in
				evaluating the project proposals submitted:
a. The water resource to be protected.
b. The nature, extent and severity
				of water quality issues identified and targeted for correction.
c. The nature and variety of the proposed
				project measures.
d. The level of
				financial contribution requested for the project.
e. The cost-effectiveness of the proposed
				project measures.
f. Agency,
				organization and landowner participation.
g. The public benefits projected.
h. The likelihood of project success within
				the projected time frame.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.50 - Budget and Staff

Current through Register Vol. 47, No. 3, July 24, 2024
Part 5 establishes procedures that the division will follow
				  in providing budgets and staff for projects.
(1)
Budget.
The division
				will establish an annual budget allocation for each selected project, to
				support:
a. Field office staff.
b. Project expenses.
c. Commissioner project expenses.
d. Financial incentives.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.60 - Project Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
Part 6 establishes reporting requirements for
				  projects.
(1)
Annual
				reports.
Annual reports meeting the following criteria will be
				submitted to the division:
a. Annual report
				deadline to be established consistent with the initiation of the
				project.
b. The annual report will
				describe accomplishments during the reporting period and compare them to the
				objectives of the application.
c.
				The annual report will itemize funds disbursed during the reporting
				period.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.62 - Content of Project Reports

Current through Register Vol. 47, No. 3, July 24, 2024
All project reports will contain the following credit: "This
				  project is supported in part or in total by the department of agriculture and
				  land stewardship, division of soil conservation and water quality, through
				  funds of the water protection fund."
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.70 - Annual Project Review, Continuation, Amendment and Termination

Current through Register Vol. 47, No. 3, July 24, 2024
Part 7 describes procedures that the state soil conservation
				  and water quality committee will follow to review annual progress for each
				  project and to approve continuation, amend, or terminate them.
(1)
Annual review.
The state
				soil conservation and water quality committee and district(s) will review each
				project annually. Upon completion of the annual review, the committee will
				inform the district(s) of their findings. Based on their findings, the
				committee will do one or more of the following:
a. Instruct the division to establish a
				budget for the next project year.
b. Renegotiate with the applicant district(s)
				the project objectives, procedures, budget or time schedule.
c. Terminate the project.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 21 - Water Quality Protection Projects-water Protection Fund › Rule 27-21.80 - Project Completion

Current through Register Vol. 47, No. 3, July 24, 2024
Part 8 describes the procedures to be followed to close out
				  projects upon completion or termination.
(1)
Required reports.
Upon
				project completion or termination, the project district(s) will complete the
				following reports within 90 days:
a. Final
				project report that summarizes project accomplishments, comparing them to
				original project objectives.
b.
				Final financial status report on all water project fund expenditures and any
				participating agency and organization expenditures.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 22 - Soil and Water Resource Conservation Plans › Rule 27-22.10 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes procedures and standards to be
				  followed by the division of soil conservation and water quality, Iowa
				  department of agriculture and land stewardship, in accordance with the policies
				  of the state soil conservation and water quality committee in implementing the
				  development of soil and water resource conservation plans in all soil and water
				  conservation districts in Iowa and developing a comprehensive soil and water
				  resource conservation plan for the state of Iowa. It establishes standards and
				  guidelines which the soil and water conservation districts will use in
				  fulfilling their responsibilities under this program.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 22 - Soil and Water Resource Conservation Plans › Rule 27-22.11 - Rules or Subrules Are Severable

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of a rule or subrule or the application
				  thereof to any person or circumstance is held invalid, the invalidity does not
				  affect other provisions or application of the rule or subrule which can be
				  given effect without invalid provision or application, and to this end the
				  provisions of these rules or subrules are severable.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 22 - Soil and Water Resource Conservation Plans › Rule 27-22.20 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the definitions in rule
				  27-10.20 (161A), the
				  following term is defined:
"Soil and water resource conservation plan "
is a comprehensive long-range assessment of soil and surface water resources in
				  the district consistent with rules approved by the committee under Iowa Code
				  section
				  161A.4.
				  The plan will assess the condition of soil and water in the district; evaluate
				  the type, amount, and quality of soil and water, the threat of soil erosion,
				  floodwater, and sediment damages, and necessary preventative and control
				  measures; develop methods to maintain or improve soil and water condition; and
				  cooperate with other state and federal agencies to carry out this
				  plan.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 22 - Soil and Water Resource Conservation Plans › Rule 27-22.21 - Soil and Water Resource Conservation Plan Development

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes criteria for districts to develop a
				  plan to preserve and protect the public interest in the soil and water
				  resources of this state and for future generations.
(1)
Plan development
				criteria.
The soil and water conservation district commissioners will
				develop a soil and water resource conservation plan as required by Iowa Code
				section 161 A.4 that will include the content items required by rule
				22.30(161A).
The district commissioners will use the following planning
				  process criteria:
a. Examine and
				inventory the current resource situation.
b. Identify current problems.
c. List available resources-human and
				financial.
d. Determine objectives
				and goals.
e. Determine the best
				course of action to obtain those objectives and goals.
f. Review the action periodically for
				progress and effectiveness.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 22 - Soil and Water Resource Conservation Plans › Rule 27-22.30 - Soil and Water Resource Conservation Plan Content

Current through Register Vol. 47, No. 3, July 24, 2024
The plan will preserve and protect the public interest in the
				  soil and water resources of this state for future generations. It will include
				  the proper control of and use of the soil and water resources by measures
				  including, but not limited to, the control of floods, the control of erosion by
				  water or by wind, the preservation of the quality of water for its optimum use
				  for agricultural, irrigation, recreational, industrial, and domestic purposes,
				  all of which shall be presumed to be conducive to the public health,
				  convenience, and welfare, both present and future.
(1)
Plan content.
a. Preface.
(1) Purpose of the soil and water resource
				conservation planning process.
(2)
				Credits to sources and those assisting in the planning.
(3) Credits to groups providing input for
				district objectives and goals.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 22 - Soil and Water Resource Conservation Plans › Rule 27-22.40 - Soil and Water Resource Conservation Plan Adoption, Approval, Filing, and Distribution

Current through Register Vol. 47, No. 3, July 24, 2024
The plan shall meet all of the requirements of Iowa Code
				  chapter 161A and this chapter before final plan completion.
(1)
Adoption.
The district
				commissioners by a motion at their regularly scheduled meeting shall approve
				their completed plan or amendment.
(2)
Approval.
The district
				shall submit their completed plan or amendment to the state soil conservation
				and water quality committee for approval. If found to meet the content
				requirements of rule
				27-22.30
				(161A), the state soil conservation and water quality committee shall approve
				the plan or amendment by motion at their regularly scheduled meeting. The
				approved plan will be signed by the administrator of the division.
(3)
Filing.
The approved
				district plan or amendment shall be filed with the recorder in the county in
				which the district is located and shall be filed with the division as part of
				the state soil and water resource conservation plan.
(4)
Distribution.
The
				commissioners shall provide notice of the filing and may provide a copy of the
				approved district plan to the county board of supervisors in the county where
				the district is located. The district may provide copies to all interested
				parties that have been a part of the planning process.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 22 - Soil and Water Resource Conservation Plans › Rule 27-22.50 - State Soil and Water Resource Conservation Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The division is responsible for developing a state plan
				  according to Iowa Code section
				  161A.4(4)
"h."
The state plan shall
				  contain on a statewide basis the information required for a district
				  plan.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.10 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes procedures and standards to be
				  followed by the division of soil conservation and water quality, Iowa
				  department of agriculture and land stewardship, in accordance with the policies
				  of the state soil conservation and water quality committee in implementing the
				  agricultural drainage wells - alternative drainage system assistance program.
				  This program provides financial assistance for closing agricultural drainage
				  wells and constructing alternative drainage systems that are part of a drainage
				  district. These rules establish the assistance program, provide for the
				  allocation of assistance funds, and establish procedures and standards for
				  eligibility to receive assistance under the program.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.11 - Rules Are Severable

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of a rule or subrule or the application
				  thereof to any person or circumstance is held invalid, the invalidity does not
				  affect other provisions or applications of the rule or subrule which can be
				  given effect without invalid provision or application, and to this end the
				  provisions of these rules or subrules are severable.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.20 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
When used in this chapter:
"Agricultural drainage well"
means a
				  vertical opening to an aquifer or permeable substratum which is constructed by
				  any means including but not limited to drilling, driving, digging, boring,
				  augering, jetting, washing, or coring, and which is capable of intercepting or
				  receiving surface or subsurface drainage water from land directly or by a
				  drainage system.
"Agricultural drainage well area "
means an
				  area of land where surface or subsurface water drains into an agricultural
				  drainage well directly or through a drainage system connecting to the
				  agricultural drainage well.
"Alternative drainage system "
means a
				  drainage system constructed as part of a drainage district in order to drain
				  surface or subsurface water from land due to the closing of an agricultural
				  drainage well.
"Designated agricultural drainage well area
				  "
means an agricultural drainage well area in which there is located
				  an anaerobic lagoon or earthen manure storage basin required to obtain a
				  construction permit by the department of natural resources.
"Division "
means the division of soil
				  conservation and water quality of the department of agriculture and land
				  stewardship.
"Drainage district"
means a drainage
				  district established pursuant to Iowa Code chapter 468.
"Drainage system"
means tile lines,
				  laterals, surface inlets, or other improvements which are constructed to
				  facilitate the drainage of land.
"Earthen storage structure "
means an
				  earthen cavity, either covered or uncovered, including but not limited to an
				  anaerobic lagoon or earthen manure storage basin which is used to store manure,
				  sewage, wastewater, industrial waste, or other waste regulated by the
				  department of natural resources, if stored in a liquid or semiliquid
				  state.
"Land"
means land which is used or which is
				  suitable for use for any purpose, if the land is located within an agricultural
				  drainage well area which includes land used or suitable for use in
				  farming.
"Noncrop acres "
means a land tract as
				  identified in the assessment schedule in the report of the classification
				  commission adopted at public hearing pursuant to Iowa Code sections
				  468.44
				  through
				  468.46
				  which is not predominantly used for row crop production. Areas used for wetland
				  mitigation shall not be considered in determining predominant land use.
"Watershed area "
means the benefited land
				  area of a drainage district.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.30 - Appropriations

Current through Register Vol. 47, No. 3, July 24, 2024
Moneys shall be used to provide financial assistance under
				  the program and to defray expenses by the division in administering the
				  program. However, not more than 1 percent of the fund may be used to defray
				  administrative expenses of the division. Moneys which are unobligated at the
				  end of the fiscal year shall not revert but will be available during subsequent
				  fiscal years of the program. Moneys earned as income, including interest, from
				  the fund shall remain in the fund until expended, notwithstanding Iowa Code
				  section
				  12C.7.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.31 - Other Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Funds for the agricultural drainage wells-alternative
				  drainage system assistance program may be from moneys available to and obtained
				  or accepted by the division or the state soil conservation and water quality
				  committee from the United States or private sources for placement in the
				  fund.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.40 - Allocation of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Funds will be allocated by the division for specific
				  agricultural drainage well closure and alternative drainage system improvement
				  projects. Allocations shall be 75 percent of the estimated cost of installing
				  the alternative drainage system improvements as defined by Iowa Code section
				  468.3.
(1)
Allocation by a priority system
				based on contamination potential.
Rescinded IAB 10/14/15, effective
				11/18/15.
(2)
Allocation
				for a single drainage improvement project which will allow for the closing of
				30 or more agricultural drainage wells.
Rescinded IAB 10/14/15,
				effective 11/18/15.
(3)
Application for fund allocation.
Application for fund
				allocation to a new drainage district shall be submitted to the division by the
				board of supervisors on behalf of eligible owners of land following receipt of
				petition to establish a drainage district pursuant to Iowa Code section
				468.8 and before the
				hearing on establishment pursuant to Iowa Code section
				468.22.
				Application for fund allocation to an existing drainage district shall be
				submitted to the division by the district board on behalf of eligible owners of
				land prior to the hearing on improvement pursuant to Iowa Code section
				468.126.
				The application for fund allocation shall be in writing and shall identify:
a. Approximate location and boundary of the
				watershed area served by the proposed project.
b. Approximate watershed drainage
				area.
c. Expected number of
				agricultural drainage wells to be closed.
d. Location of any anaerobic lagoon or
				earthen manure storage basin required to obtain a construction permit by the
				department of natural resources.
e.
				Preliminary cost estimate for the alternative drainage system.
f. Anticipated project time line.
g. Anticipated or actual date of
				establishment of the drainage district under Iowa Code section
				468.22.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.50 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
Financial assistance from the program will be limited by the
				  criteria of this rule.
(1)
Cost-share rate.
Except for the cost of wetland restoration
				projects with permanent easements, cost-share payments from the fund shall not
				exceed 75 percent of the estimated cost or 75 percent of the actual cost of the
				project, whichever is less.
(2)
Eligible costs.
Project costs eligible for financial
				assistance cost sharing from the fund are:
a.
				Construction costs normally incidental to the costs of a drainage district
				including, but not limited to:
(1) Tile or
				channel mains.
(2)
				Laterals.
(3) Associated
				excavations, backfilling, tile line cradling materials, and
				junctions.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.60 - Payment of Financial Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
Financial assistance under the program will be distributed
				  to eligible landowners by the drainage district, under the terms of a 28E
				  agreement between the division and the drainage district.
(1)
Distribution to eligible
				landowners under adopted classification.
Funds will be transferred by
				the division for all eligible costs of the project under the program to the
				drainage district for distribution to eligible landowners in accordance with
				the adopted classification of the district. The financial assistance shall be
				distributed to reduce the actual assessment to eligible landowners under the
				adopted classification.
(2)
Time of payment.
Financial assistance funds shall be
				transferred to the drainage district to reimburse actual expenditures of the
				district. The fund transfer to the drainage district will be in accordance with
				the terms of the 28E agreement.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 30 - Agricultural Drainage Wells-alternative Drainage System Assistance Program › Rule 27-30.70 - Compliance Procedures and Reviews

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes procedures for compliance actions taken
				  by the division when it is found that program requirements or funding
				  agreements are not being carried out.
(1)
Compliance with program
				requirements or funding agreements.
Upon determination that program
				requirements or funding agreements have not been complied with, the division
				shall notify the affected landowners or drainage district of the lack of
				compliance and establish a schedule for achieving compliance with applicable
				requirements. In the event compliance is not achieved, no financial assistance
				from the program shall be provided. If financial assistance payments have
				previously been made, the division may order the recipient to pay back the
				division the total amount of the financial assistance payment in accordance
				with a schedule determined by the division.
(2)
Compliance reviews.
A
				landowner or drainage district that has been determined ineligible for
				financial assistance or has been ordered to pay back to the division financial
				assistance payments because of lack of compliance with program requirements or
				funding agreements may seek review of the compliance action taken by the
				division. The affected landowner or drainage district may address concerns
				about the compliance action in writing to the director of the division. Upon
				receipt of such concern, the director shall review the actions taken and shall
				communicate the findings of the compliance review to the complainant. The
				director's decision following review of the actions taken shall constitute
				final agency action for purposes of invoking the judicial review provisions of
				Iowa Code chapter 17A.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.2 - Rules or Subrules Are Severable

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of a rule or subrule or the application
				  thereof to any person or circumstance is held invalid, the invalidity does not
				  affect other provisions or applications of the rule or subrule which can be
				  given effect without the invalid provision or application, and to this end the
				  provisions of these rules or subrules are severable.