reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 6 - Contracts for Public Improvements and Professional Services › Rule 27-6.3 - Contracts for Professional Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Professional services
				defined.
The term "professional services" shall include planning,
				design, architectural, engineering, landscape architecture, land surveying,
				land appraising, consulting, legal and management review services.
(2)
Notification of professional
				firms or individuals.
a. List of
				professionals. The division shall keep a file of professional firms and
				individuals that have submitted a statement of qualifications and have
				indicated an interest in providing services. When the division determines
				professional services are needed, the division shall notify those professional
				firms or individuals which appear to be qualified to perform the particular
				services needed. The division shall periodically poll the list of firms and
				individuals regarding their continued interest and update the statements of
				qualifications as appropriate.
b.
				Solicitation of professionals. Firms or individuals may be invited to notify
				the division of their interest in and capabilities for providing needed
				professional services if the division determines a new type of professional
				services is needed. Such firms or individuals shall be informed by
				advertisement in at least one newspaper of statewide circulation and such other
				means as may be appropriate. The firms or individuals shall be requested to
				provide information relative to the number, qualifications, and experience of
				their professional and technical staff; their performance record for
				timeliness, quality, and project management; their geographical location; and
				any specialized expertise which may be appropriate.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 6 - Contracts for Public Improvements and Professional Services › Rule 27-6.4 - Approval and Award of Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contract approval.
All contracts for public improvement or
				professional services shall be signed by the administrator.
(2)
Contract award.
The
				contract shall be awarded to the firm or individual whose bid or proposal is
				believed to be the most advantageous to the state. Bids or proposals may be
				rejected if they do not appear to be reasonable or if there is reason to
				believe that the firm or individual is not sufficiently qualified to accomplish
				the desired work or service.
(3)
Change orders and extra work orders.
All change orders and
				extra work orders shall be signed by the administrator before the work or
				service is performed, except in emergency situations, or where such approval
				would result in unreasonable delay.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 7 - Interest on Retained Funds › Rule 27-7.1 - Interest on Retained Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This rule implements Iowa Code section
				573.12
				regarding payment to a contractor of interest earned on retained funds. This
				rule does not address payment of interest under Iowa Code section
				573.14.
(2)
General requirements.
a. Interest shall be paid pursuant to Iowa
				Code section
				573.12
				only on state contracts awarded on or after July 1, 1990.
b. Interest shall be paid on retained funds
				of a contract only if the accrued interest on those funds is at least $25. This
				dollar threshold reflects the cost to the division of processing an interest
				payment on retained funds.
c.
				Interest shall not be paid on retained funds of a contract declared in
				default.
d. The provisions of this
				rule shall not apply if the division has entered into a contract with the
				federal government or accepted a federal grant which is governed by federal law
				or rules that are contrary to the provisions of this rule.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver" means action by the
				  division which suspends in whole or in part the requirements or provisions of a
				  rule as applied to an identified person on the basis of the particular
				  circumstances of that person.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				  uniform process for the granting of individual waivers from rules adopted by
				  the division in situations where no other more specifically applicable law
				  provides for waivers. To the extent another more specific provision of law
				  governs the issuance of a waiver from a particular rule, the more specific
				  provision shall supersede this chapter with respect to any waiver from that
				  rule.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The division may grant a waiver from a rule only if the
				  division has jurisdiction over the rule and the requested waiver is consistent
				  with applicable statutes, constitutional provisions, or other provisions of
				  law. The division may not waive requirements created or duties imposed by
				  statute.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				  27-8.6 (17A,161A), the division
				  may in its sole discretion issue an order waiving in whole or in part the
				  requirements of a rule if the division finds, based on clear and convincing
				  evidence, all of the following:
1. The
				application of the rule would impose an undue hardship on the person for whom
				the waiver is requested.
2. The
				waiver from the requirements of the rule in the specific case would not
				prejudice the substantial legal rights of any person.
3. The provisions of the rule subject to the
				petition for a waiver are not specifically mandated by statute or another
				provision of law.
4. Substantially
				equal protection of public health, safety, and welfare will be afforded by a
				means other than that prescribed in the particular rule for which the waiver is
				requested.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				  division as follows:
(1)
License application.
If the petition relates to a license
				application, the petition shall be made in accordance with the filing
				requirements for the license in question.
(2)
Contested cases.
If the
				petition relates to a pending contested case, the petition shall be filed in
				the contested case proceeding, using the caption of the contested
				case.
(3)
Other.
If the petition does not relate to a license application or a pending contested
				case, the petition may be submitted to the bureau chief of the bureau
				administering the rule from which the waiver is sought.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				  where applicable and known to the requester:
1. The name, address, and telephone number of
				the entity or person for whom a waiver is being requested and the case number
				of any related contested case.
2. A
				description and citation of the specific rule from which a waiver is
				requested.
3. The specific waiver
				requested, including the precise scope and duration.
4. The relevant facts that the petitioner
				believes would justify a waiver under each of the four criteria described in
				rule
				27-8.4
				(17A,161A). This statement shall include a signed statement from the petitioner
				attesting to the accuracy of the facts provided in the petition and a statement
				of reasons that the petitioner believes will justify a waiver.
5. A history of any prior contacts between
				the division and the petitioner relating to the regulated activity or license
				affected by the proposed waiver, including a description of each affected
				license held by the requester, any notices of violation, contested case
				hearings, or investigative reports relating to the regulated activity or
				license within the last five years.
6. Any information known to the requester
				regarding the division's treatment of similar cases.
7. The name, address, and telephone number of
				any public agency or political subdivision which also regulates the activity in
				question or which might be affected by the granting of a waiver.
8. The name, address, and telephone number of
				any person or entity that would be adversely affected by the granting of a
				petition.
9. The name, address, and
				telephone number of any person with knowledge of the relevant facts relating to
				the proposed waiver.
10. Signed
				releases of information authorizing persons with knowledge regarding the
				request to furnish the division with information relevant to the
				waiver.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				  division may request additional information from the petitioner relative to the
				  petition and surrounding circumstances. If the petition was not filed in a
				  contested case, the division may, on its own motion or at the petitioner's
				  request, schedule a telephonic or in-person meeting between the petitioner and
				  the division.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall acknowledge a petition upon receipt. The
				  division shall ensure that, within 30 days of the receipt of the petition,
				  notice of the pendency of the petition and a concise summary of its contents
				  have been provided to all persons to whom notice is required by any provision
				  of law. In addition, the division may give notice to other persons. To
				  accomplish this notice provision, the division may require the petitioner to
				  serve the notice on all persons to whom notice is required by any provision of
				  law and provide a written statement to the division attesting that notice has
				  been provided.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				  17A.10
				  to
				  17A.18A
				  regarding contested case hearings shall apply to any petition for a waiver
				  filed within a contested case and shall otherwise apply to agency proceedings
				  for a waiver only when the division so provides by rule or order or is required
				  to do so by statute.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				  shall contain a reference to the particular person and rule or portion thereof
				  to which the order pertains, a statement of the relevant facts and reasons upon
				  which the action is based, and a description of the precise scope and duration
				  of the waiver if one is issued.
(1)
Division discretion.
The final decision on whether the
				circumstances justify the granting of a waiver shall be made at the sole
				discretion of the division, upon consideration of all relevant factors. Each
				petition for a waiver shall be evaluated by the division based on the unique,
				individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
				convincing evidence that the division should exercise its discretion to grant a
				waiver from a division rule.
(3)
Narrowly tailored.
A waiver, if granted, shall provide the
				narrowest exception possible to the provisions of a rule.
(4)
Administrative
				deadlines.
When the rule from which a waiver is sought establishes
				administrative deadlines, the division shall balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all similarly situated persons.
(5)
Conditions.
The division may place any condition on a waiver
				that the division finds desirable to protect the public health, safety, and
				welfare.
(6)
lime period of
				waiver. A
waiver shall not be permanent unless the petitioner can show
				that a temporary waiver would be impracticable. If a temporary waiver is
				granted, there is no automatic right to renewal. At the sole discretion of the
				division, a waiver may be renewed if the division finds that grounds for a
				waiver continue to exist.
(7)
Time for ruling.
The division shall grant or deny a petition
				for a waiver as soon as practicable but, in any event, shall do so within 120
				days of its receipt unless the petitioner agrees to a later date. However, if a
				petition is filed in a contested case, the division shall grant or deny the
				petition no later than the time at which the final decision in that contested
				case is issued.
(8)
When
				deemed denied.
Failure of the division to grant or deny a petition
				within the required time period shall be deemed a denial of that petition by
				the division. However, the division shall remain responsible for issuing an
				order denying a waiver.
(9)
Service of order.
Within seven days of its issuance, any order
				issued under this chapter shall be transmitted to the petitioner or the person
				to whom the order pertains and to any other person entitled to such notice by
				any provision of law.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				  indexed, filed, and available for public inspection as provided in Iowa Code
				  section
				  17A.3.
				  Petitions for a waiver and orders granting or denying a waiver petition are
				  public records under Iowa Code chapter 22. Some petitions or orders may contain
				  information the division is authorized or required to keep confidential. The
				  division may accordingly redact confidential information from petitions or
				  orders prior to public inspection.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the division
				  shall make a submission on the Internet site established pursuant to Iowa Code
				  section
				  17A.9A for the submission
				  of waiver information. The submission shall identify the rules for which a
				  waiver has been granted or denied, the number of times a waiver was granted or
				  denied for each rule, a citation to the statutory provisions implemented by
				  these rules, and a general summary of the reasons justifying the division's
				  actions on waiver requests. If practicable, the report shall detail the extent
				  to which the granting of a waiver has affected the general applicability of the
				  rule itself.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the division pursuant to this chapter may
				  be withdrawn, canceled, or modified if, after appropriate notice and hearing,
				  the division issues an order finding any of the following:
1. The petitioner or the person who was the
				subject of the waiver order withheld or misrepresented material facts relevant
				to the propriety or desirability of the waiver;
2. The alternative means for ensuring that
				the public health, safety and welfare will be adequately protected after
				issuance of the waiver order have been demonstrated to be insufficient;
				or
3. The subject of the waiver
				order has failed to comply with all conditions contained in the
				order.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated
				  as a violation of the particular rule for which the waiver was granted. As a
				  result, the recipient of a waiver under this chapter who violates a condition
				  of the waiver may be subject to the same remedies or penalties as a person who
				  violates the rule at issue.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the division issues an order granting a waiver, the
				  order is a defense within its terms and the specific facts indicated therein
				  for the person to whom the order pertains in any proceeding in which the rule
				  in question is sought to be invoked.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 8 - Waiver of Rules › Rule 27-8.16 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the division's decision to grant or deny a
				  waiver petition may be taken in accordance with Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.10 - 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
				  state's financial incentive program for soil erosion control. It also
				  establishes standards and guidelines to which the soil conservation districts
				  shall conform in fulfilling their responsibilities under this
				  program.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.11 - 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 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.30 - Compliance, Refunds, Reviews and Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
This division establishes rules for determining landowner or
				  farm operator compliance with performance or maintenance agreements that have
				  been entered into as a result of receiving financial incentive payments for
				  implementing soil conservation practices. This division also defines the
				  responsibilities of the districts and the division for obtaining refunds from
				  landowners or farm operators, and procedures to be followed, when it is found
				  that temporary practices are not being performed in accordance with funding
				  agreements.
This division also defines the responsibilities of the
				  districts and the division for requiring maintenance, repair or reconstruction
				  of permanent soil and water conservation practices when it is found that
				  permanent practices are not being maintained in accordance with funding
				  agreements.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.31 - Compliance With Maintenance/performance Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Performance agreement.
Rescinded IAB 7/18/07, effective 6/27/07.
(2)
Maintenance/performance
				agreement.
As a condition for receipt of any financial incentives
				funds for implementing soil and water conservation practices, the owner of the
				land on which the practices have been installed shall agree to maintain those
				practices for the term specified in the maintenance/performance agreement.
				Specific conditions of the agreement are detailed on the form.
a. Determination of practice implementation
				and continued compliance with maintenance/performance agreements.
(1) The certifying technician or the
				technician of the district will determine if the completed practice is in
				compliance with applicable standards and specifications in Part 8 of these
				rules. The certifying technician shall attest to completion and compliance with
				the standards by completing and signing a certification of practice form. The
				completed certification will be retained in the district case file for the
				appropriate landowner.
(2) The
				certifying technician or district technician shall inspect the practice at any
				time the district commissioners have reason to believe it is not being
				satisfactorily maintained. The division will evaluate the situation to
				determine that proper procedures were followed. "Satisfactorily maintained"
				means being maintained in such a state of repair so that the practice is
				successfully performing the function for which it was originally installed.
				Following the inspection, the certifying technician shall complete a
				certification of practice form. The completed certification shall be filed in
				the district's case file for the landowner.
(3) The district shall inspect a practice
				whenever requested to do so by the landowner. The person requesting the
				inspection shall be provided a copy of the completed certification of practice
				form, used to document the results of this inspection.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.32 - Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Noncompliance with performance agreements.
Rescinded IAB
				7/18/07, effective 6/27/07.
(2)
Refunds for noncompliance with maintenance agreements to cost-share
				agreements entered prior to July 1, 1981.
Rescinded IAB 7/18/07,
				effective 6/27/07.
(3)
Refunds for noncompliance with maintenance agreements entered between
				January 1, 1981, and July 1, 1982.
Rescinded IAB 7/18/07, effective
				6/27/07.
(4)
Noncompliance
				with maintenance/performance agreements.
Upon determination by the
				district and the division that a landowner is not in compliance with a
				maintenance/performance agreement, the division shall assist the district in
				the issuance of an administrative order to the landowner requiring appropriate
				maintenance, repair or reconstruction of the practice, provided voluntary means
				have been exhausted. The district, in its sole discretion, may allow the
				landowner or the landowner's successors to refund to the division the entire
				amount of the financial incentive payment received by the landowner in lieu of
				maintaining, repairing or reconstructing a practice.
a. Within 60 days from the date of issue of
				the administrative order, the landowner shall submit to the district a written
				and signed statement of intent to maintain, repair or reconstruct the
				practice.
b. The maintenance,
				repair or reconstruction work shall be initiated within 180 days from the date
				of issue of the administrative order and shall be satisfactorily completed
				within one year of the date of issue of the administrative order.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.33 - Appeals and Reviews

Current through Register Vol. 47, No. 3, July 24, 2024
A landowner or farm operator 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 district commissioners or the division of soil conservation and water
				  quality. Appeals to the state soil conservation and water quality committee may
				  be made by the district, a landowner or a farm operator following a review by
				  the division director or the director's designee.
(1) Review with soil and water conservation
				district commissioners. When a landowner or farm operator wishes to appeal an
				order to maintain, repair or reconstruct a temporary or permanent practice
				subject to a maintenance/performance agreement, the landowner or farm operator
				may request a review of the order with the district commissioners. The
				commissioners shall schedule a meeting to review the issue with the landowner
				or farm operator. This proceeding shall be informal. A landowner or farm
				operator shall request a review with the district commissioners in writing and
				within 30 days following receipt of their order.
(2) Review with the division of soil
				conservation and water quality. After having unsuccessfully met with the
				district commissioners, a landowner or farm operator who has been ordered to
				maintain, repair or reconstruct a temporary or permanent practice subject to a
				maintenance/performance agreement 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. A landowner or
				farm operator shall request the review with the division in writing within 30
				days following the review with the district.
(3) Appeal to the state soil conservation and
				water quality committee. In those cases where the district, landowner, or farm
				operator is not satisfied with the decision rendered as a conclusion of a
				division review concerning an order to maintain, repair or reconstruct a
				temporary or permanent practice covered by a maintenance/performance agreement,
				the district, landowner, or farm operator may appeal the division's decision to
				the state soil conservation and water quality committee. This proceeding shall
				be a formal, contested case hearing. The district, landowner, or farm operator
				shall make the appeal to the state committee in writing within 30 days
				following completion of the division's review.
(4) The committee 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 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.50 - Allocations to Soil and Water Conservation Districts

Current through Register Vol. 47, No. 3, July 24, 2024
This division identifies those program funds that are
				  allocated to the districts and explains how the allocations are
				  made.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.51 - Voluntary Program

Current through Register Vol. 47, No. 3, July 24, 2024
The division will allocate program funds to the districts in
				  steps identified as original allocations and supplemental allocations.
(1) Original allocation. Sixty percent of the
				fiscal year funds distributed to this program will be allocated to the
				districts at the beginning of the fiscal year in accordance with a formula
				based on the state soil survey database for Iowa. The formula is A = wzf,
				where:
a. A = allocation to the
				district.
b. w = the percentage
				factor for the district, determined by (x/y) (100), where:
(1) x = district acres, determined by
				totaling the district's land capability class acres from the state soil survey
				database for Iowa using the formula: (¼)2e + 3e + 4e.
(2) y = state acres, determined by totaling
				the state's land capability class acres from the state soil survey database for
				Iowa using the formula: (¼)2E + 3E + 4E.
c. z = sixty percent of fiscal year funds
				distributed to the voluntary program.
d. f = an adjustment factor of 0.980 applied
				to each district's allocation to adjust the original allocation to compensate
				for establishing a minimum of four-tenths of 1 percent of "z" to ensure that
				each district has a workable program.
e. The following table provides the value of
				"w" for each district:
Individual Soil and Water Conservation District
Percentage Allocation Factors
W(%) District
W(%) District
W(%) District
W(%) District
1.7 Adair
1.2 Davis
1.0 Jefferson
0.2 Pocahontas*
1.1 Adams
1.4 Decatur
1.2 Johnson
0.8 Polk
1.5 Allamakee
0.8 Delaware
1.2 Jones
1.4 E. Pottawattamie
1.1 Appanoose
0.5 Des Moines
1.4 Keokuk
1.2 W. Pottawattamie
1.3 Audubon
0.4 Dickinson
0.5 Kossuth
1.6 Poweshiek
1.2 Benton
1.8 Dubuque
1.0 Lee
1.6 Ringgold
0.3 Black Hawk*
0.4 Emmet
1.0 Linn
0.7 Sac
0.6 Boone
1.1 Fayette
0.5 Louisa
0.8 Scott
0.3 Bremer*
0.3 Floyd*
1.1 Lucas
1.8 Shelby
0.3 Buchanan*
0.6 Franklin
0.9 Lyon
1.0 Sioux
0.5 Buena Vista
1.0 Fremont
1.2 Madison
0.6 Story
0.6 Butler
0.5 Greene
1.2 Mahaska
1.5 Tama
0.3 Calhoun*
0.5 Grundy
1.3 Marion
1.7 Taylor
1.2 Carroll
1.5 Guthrie
1.5 Marshall
1.1 Union
1.5 Cass
0.4 Hamilton
1.1 Mills
1.2 Van Buren
1.2 Cedar
0.4 Hancock
0.2 Mitchell*
1.0 Wapello
0.4 Cerro Gordo
0.7 Hardin
1.3 Monona
1.2 Warren
1.0 Cherokee
1.7 Harrison
1.0 Monroe
1.1 Washington
0.4 Chickasaw
0.9 Henry
1.2 Montgomery
1.4 Wayne
1.2 Clarke
0.4 Howard
0.5 Muscatine
0.3 Webster*
0.4 Clay
0.2 Humboldt*
0.5 O'Brien
0.5 Winnebago
2.0 Clayton
1.3 Ida
0.3 Osceola*
2.0 Winneshiek
1.2 Clinton
1.4 Iowa
1.5 Page
2.2 Woodbury
2.5 Crawford
1.7 Jackson
0.4 Palo Alto
0.2 Worth*
0.8 Dallas
1.8 Jasper
2.4 Plymouth
0.4 Wright
*The minimum value to be used in determining original
				  allocations to districts shall be 0.4.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.52 - Publicly Owned Lakes

Current through Register Vol. 47, No. 3, July 24, 2024
The division of soil conservation and water quality maintains
				  the funds that are distributed to the publicly owned lakes program. These funds
				  may be used to provide cost sharing not to exceed 75 percent of the approved
				  cost of soil conservation practices on watersheds above publicly owned lakes
				  and reservoirs. The division will allocate these program funds to eligible
				  districts in steps identified as original allocation, recall of unobligated
				  funds, and reallocation.
(1)
Original allocation.
Funding needs will be identified and
				funds will be set aside for watershed projects which have cost-share funds in
				addition to state and district cooperator funds (e.g., federal, county, or
				other). The remaining funds will be allocated equally between the other
				watersheds identified on the publicly owned lakes priority list.
(2)
Recall of unobligated
				funds.
Funds that are allocated to districts under this program and
				are not obligated by September 1 shall be recalled by the division and
				reallocated.
(3)
Recall of
				obligated, but unspent funds.
Rescinded IAB 7/18/07, effective
				6/27/07.
(4)
Reallocation
				of recalled funds.
The reallocation of recalled funds will be based on
				need and demonstrated ability to use the funds. The districts shall submit
				their requests identifying valid applications and cost estimates, if any, to
				the division. The division shall allocate funds for these requests on a
				first-come, first-served basis to other eligible watersheds above publicly
				owned lakes.
(5)
Eligible
				watersheds.
For a landowner to qualify for 75 percent cost sharing
				under this program, the watershed in which the land is located must be on a
				list of priority watersheds above publicly owned lakes or reservoirs that is
				established by the department of natural resources.
(6)
Applications and
				agreements.
Applications and agreements for 75 percent cost sharing
				under this program will be handled by the districts as described in Part 7 of
				these rules except that the division will allocate funds to districts on an
				as-needed and first-come, first-served basis.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.54 - Mandatory Program

Current through Register Vol. 47, No. 3, July 24, 2024
The division of soil conservation and water quality maintains
				  the funds that are distributed to the mandatory cost-share program. These funds
				  are used to provide cost sharing to landowners who are required to establish
				  permanent soil and water conservation practices as the result of a district's
				  administrative order or a court order.
(1)
Applications and
				agreements.
Applications and maintenance/performance agreements for 50
				percent cost sharing under this program will be handled by the districts as
				described in Part 7 of these rules except as follows:
a. When the district commissioners have
				decided that cost-share assistance is to be approved for a landowner, a copy of
				the application and a copy of the cost estimate proposed by the technician will
				be sent to the division with a request for funding obligation. The division
				will review the application, allocate funds for the specific application to the
				district and notify the district of the approval. If funds are not available,
				the division will not allocate funds to the specific application, but will
				write a letter of explanation to the district. The district will notify the
				landowner of the status by issuing a supplementary administrative
				order.
b. Prior approval of the
				amendment must be obtained from the division should the commissioners desire to
				amend the application to change the amount of work or the cost.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.56 - Special Watershed Projects

Current through Register Vol. 47, No. 3, July 24, 2024
District commissioners will satisfy the following conditions
				  with regard to special watershed projects:
(1) Prior to approving a project application
				for 60 percent cost-share, the district must obtain a project number from the
				division.
(2) All participating
				landowners in a particular project will be required to show progress towards
				completion during the first year of the project. Progress will be evaluated by
				the district. Failure of all participating landowners to show progress during
				the first year will result in loss of authorization of the project and 60
				percent cost-share funding eligibility.
(3) Authorization for each project shall not
				exceed five years.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.57 - Reserve Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose
				and use of the reserve fund.
The reserve fund will be set aside and
				used only to meet contingencies that occur in the districts or within the
				division. The reserve fund shall not exceed $150,000.
(2)
Replenishing the reserve
				fund.
On June 30 of each year, the division may recall any unspent
				allocations and replenish the fund in accordance with subrule 10.57(1). If
				needed, the reserve fund may also be replenished at any time with recalled
				funds to return the balance to $150,000.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.70 - Applications and Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this part is to identify and define procedures
				  to be followed in applying for and entering agreements for receiving financial
				  incentives for implementing approved temporary or permanent soil and water
				  conservation practices.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.71 - Applications Submitted to Soil and Water Conservation District

Current through Register Vol. 47, No. 3, July 24, 2024
District cooperators desiring to be considered for financial
				  incentives for implementing soil and water conservation practices shall
				  complete necessary applications as specified by the division. If an applicant's
				  land is in more than one district, the respective district commissioners will
				  review the application and agree to obligate all funds from one district or
				  prorate the funding between districts.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.72 - Application Signup

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Signatures by landowner and applicant.
All applications and
				agreements shall be signed by the landowner except as noted in subrule 10.72(3)
				below. For an applicant to qualify for payment, both landowner and applicant
				must sign the application.
(2)
Land being bought under contract.
All applications and
				agreements concerning land being purchased under contract shall be signed by
				both the contract seller and the contract buyer. If the operator is applying,
				the contract buyer, the contract seller, and the operator must sign.
(3)
Power of attorney.
Applications and agreements may be signed by any person designated to represent
				the landowner or applicant, provided the appropriate power of attorney has been
				filed with the district office. The power of attorney requirement can be met by
				submitting a notarized full power of attorney statement to the district office.
				In the case of estates and trusts, court documents designating the responsible
				person or administrator may be submitted to the district in lieu of the power
				of attorney.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.73 - Eligibility for Financial Incentives

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
District cooperator.
Rescinded IAB 7/18/07, effective
				6/27/07.
(2)
Administrative
				order.
Rescinded IAB 7/18/07, effective 6/27/07.
(3)
Practices installed on adjoining
				public lands.
Where soil and water conservation practices are
				installed on public lands, which benefit adjoining private lands, and costs of
				the installation are to be shared by the parties, state cost-share funds may be
				used to cost-share the landowner cost of the erosion control portion of the
				project.
(4)
Ineligible
				lands.
a. Iowa financial incentive
				funds shall not be used to reimburse other units of government for implementing
				soil and water conservation practices.
b. Privately owned land not used for
				agricultural production shall not qualify for financial incentives.
c. Tracts of land used for agricultural
				production which are less than ten acres in size and from which less than $2500
				of agricultural products are sold annually shall not qualify for financial
				incentives funds, unless approved by the commissioners as part of a group
				project or as a continuation of an adjacent system.
d. Tracts of land enrolled in the United
				States Department of Agriculture's Conservation Reserve Program (CRP) that have
				more than 90 days left on the contract.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.74 - Financial Incentive Application and Processing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for financial incentives.
a.
Application submitted by landowner
				and applicant.
Applicants for financial incentives for soil and water
				conservation practices shall complete and submit a request for assistance to
				the district office where the practice will be implemented.
b.
Denial of application by
				district.
Applications which are denied by the district shall be
				retained in the district until the end of the fiscal year. Application denial
				as used in this part refers to those applications which cannot be approved for
				reasons other than lack of available financial incentive funds.
c.
Obligation of funds.
Following approval of an application, the district may obligate funds for the
				project or, as appropriate, secure obligation of funds from the division for
				the amount of the project cost estimate identified on the application. In those
				cases where funds are not available, the application will be held by the
				district until funding becomes available or until the end of the fiscal year.
				Upon obligation of funds, the district shall notify the applicant. The district
				will maintain a record of funds obligated for approved applications.
d.
Application withdrawn by
				applicant.
An application may be withdrawn by the applicant at any
				time prior to receipt of payment by notifying the district in writing that
				withdrawal is desired. Applications withdrawn by the applicant shall be
				retained in the records of the district until the end of the fiscal year.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.80 - General Conditions, Eligible Practices and Specifications

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this part is to establish the general
				  conditions and limitations concerning practice implementation, the
				  state-approved soil and water conservation practices eligible for state
				  financial incentives and the specifications for which funded practices must
				  conform.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.81 - General Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
The following general conditions shall be met, where
				  applicable, in addition to the specifications in rule
				  27-10.84
				  (161A). To the extent of any inconsistency between the general conditions and
				  the specifications, the general conditions shall control.
(1)
Practice need.
The
				designated soil and water conservation practices shall not be funded unless the
				technician has inspected the site and has determined that such practice(s) is
				needed to reduce excessive erosion or sedimentation.
(2)
Eligible practices must control
				erosion and sediment.
Only those soil and water conservation practices
				applied to agricultural crop and pasture land whose primary function is to
				control soil erosion and prevent sediment damage will be eligible for incentive
				program funds.
(3)
Limitation of reimbursable costs of practices.
Overbuilding or
				other practice modifications which exceed the minimum requirements of the
				specification shall be permitted, if approved by the technician. Any additional
				costs resulting from such overbuilding or exceeding of the minimum
				specifications shall not be cost shared by the state. Examples of overbuilding
				or exceeding specifications include but are not limited to the following:
a. Where a district cooperator desires that
				water be stored for purposes other than grade stabilization to control
				erosion,
b. Where additional top
				width is added to an earthen fill to provide a field crossing or
				road,
c. Where additional flow
				capacity for lowland drainage laterals is added to an underground outlet
				constructed as a component of a terrace system, and
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 10 - Iowa Financial Incentive Program for Soil Erosion Control › Rule 27-10.82 - State Designation of Eligible Practices

Current through Register Vol. 47, No. 3, July 24, 2024
Only those soil and water conservation practices listed in
				  this rule are eligible for the Iowa financial incentives program funds.
(1)
Residue and management
				practices.
The division will make one-time payments for residue and
				tillage management practices.
a. No-till
				planting.
b. Ridge-till
				planting.
c. Strip-till
				planting.
d. Cover crops.