Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 70 - Soil and Water Districts Commission › Chapter 5 - State Funded Cost-Share Program › Section 10 CSR 70-5.020 - Application and Eligibility for Funds

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes criteria and methods
				  of application for persons desiring funds from the Missouri Soil and Water
				  Conservation Cost-Share Program.
(1) Establishing Practice Eligibility. The
				commission establishes a list of eligible practices for which cost-share funds
				are available and affirms or modifies the list as it considers appropriate. The
				participating districts shall develop annual priority listings of preferred
				practices from the commission eligibility list upon which they will base their
				considerations for cost-share. Landowners are eligible for cost-share funds for
				only the practices designated as eligible by both the Soil and Water Districts
				Commission and the participating districts. No eligible practices are available
				to treat flood scouring problems.
(2) Application for Assistance. To be
				eligible for assistance from the Cost-Share Program, a landowner must apply for
				cost-share on forms provided by the commission. Copies of these forms are
				available at district offices. The district board will only act upon those
				applications for cost-share from landowners who have a conservation plan
				approved by the district for eligible practices in which implementation has not
				yet begun. However, governmental agencies, political subdivisions, and public
				institutions are excluded from participation in the Cost-Share
				Program.
(3) Funding Determination
				and Limits. It is the responsibility and duty of the district board to
				determine the actual dollar amount of cost-share for individual applications.
				In the event that the landowner wishes to construct or implement practices over
				and above the size or scope determined by a qualified technician to be of
				minimum and necessary need for soil and water conservation, the board shall
				pro- vide cost-share assistance on only that part of the practice necessary for
				soil and water conservation purposes.
(4) Availability of Federal Funds. State
				cost-share assistance is avail- able for practice units applied for but not
				approved by the federal pro- gram, if those additional units constitute a
				complete structure, conservation measure, or operation in and of themselves.
				State cost- share assistance may also supplement federal cost-share on an
				individual practice.
(5) Compliance
				with Applicable Law. In the implementation of any eligible practices, the
				landowner is responsible for assuring compliance with any applicable federal,
				state or local laws, ordinances, and regulations. The landowner is also
				responsible for obtaining all permits, licenses, or other instruments of
				permission required prior to the implementation of the proposed
				practice.
(6) Group Projects.
				Landowners may cooperate with other landowners in the event that the most
				appropriate solution to the soil and water conservation needs requires eligible
				practices to be located on or across property lines of different landowners. In
				these cases, an agreement between or among cooperating landowners must be pre-
				pared by or on behalf of the group stipulating and providing for, but not
				limited to, the divisions of unshared costs, maintenance, such easements as
				necessary to accomplish the implementation, operation, and maintenance of the
				practice and the sharing of rights and benefits over and above the public
				benefits which might accrue from the implementation of the practice. This
				agreement and an area conservation plan may be submitted to the district(s)
				within which the land included in the plans lies. Upon approval of the area
				conservation plan by the district(s), the individual landowners are eligible to
				apply for cost-share assistance under this rule. The area conservation plan may
				serve in lieu of the individual landowner conservation plans. All other
				requirements for application and cost-share assistance remain in
				effect.
(7) Special Projects. Upon
				notification of available funds for special critical-needs projects designated
				by the commission, the district board shall make all reasonable efforts to
				contact landowners within the special project area to inform them of the
				available cost-share funds and encourage them to cooperate in the special
				critical-needs projects. Landowners within the project boundaries may apply for
				the special cost-share assistance on practices specified as eligible by the
				commission. Cooperation in these special projects is entirely voluntary for
				landowners.
(8) Termination Date.
				All applications shall specify a termination date for completion of the
				conservation practice . Claims for payment received after the termination date
				shall not be honored unless an amendment for an extension is approved by the
				boar d. Amendments for extensions can be authorized for an adequate period of
				time determined by the board to be reasonable and fair to the landowner.
(9) Application Amendments. A copy
				of any amendments will be furnished to each party receiving a copy of the
				original application. The board shall approve each amendment required by the
				commission before it becomes effective. The commission will provide guidance
				regarding appropriate reasons for amendments.
*Original authority: 278.070, RSMo 1943, amended 1961,
					 1969, 1980; 278.080, RSMo 1943, amended 1961, 1980, 1986, 1995; and 278.110,
					 RSMo 1943, amended 1961, 1980.