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 27-10.20 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Administrative order"
means a written
				  notice from the commissioners to the landowner or landowners of record and to
				  the occupants of land informing them they are violating the district's soil
				  loss limit regulations or maintenance agreement and advising them of action
				  required to conform to the regulations.
"Allocation"
means those funds that are
				  identified as a district's share of the state's appropriated funds that have
				  been distributed to a particular program.
"Applicant"
means a person or persons
				  requesting assistance for implementing soil and water conservation
				  practices.
"Appropriations"
means those funds
				  appropriated from the general fund of the state and provided the division of
				  soil conservation and water quality for funding the various incentive programs
				  for soil erosion control.
"Case file"
means a record that is assembled
				  and maintained for each application approved for state cost sharing.
"Certification of practice form"
means a
				  signature page used to attest that a practice was installed, performed or
				  maintained in accordance with applicable standards.
"Certifying technician"
means the district
				  conservationist of the Natural Resources Conservation Service (NRCS) or the
				  district forester of the department of natural resources.
"Commissioner"
means one of the members of
				  the governing body of a district, elected or appointed in accordance with the
				  provisions of Iowa Code chapter 161A.
"Committee"
or
"state soil
				  conservation and water quality committee"
means the committee
				  established by Iowa Code section
				  161A.4
				  as the policymaking body of the division of soil conservation and water
				  quality.
"Complaint"
means a written and signed
				  document received by the commissioners from a landowner or occupant of land
				  stating that said property in the district is being damaged by sediment
				  resulting from soil erosion on the property of another named landowner.
"Conservation cover"
means that if a tract
				  of agricultural land has not been plowed or used for growing row crops at any
				  time within the prior 15 years, it shall be classified as agricultural land
				  under conservation cover.
"Department"
means the department of
				  agriculture and land stewardship as established in Iowa Code chapter
				  159.
"District"
or
"soil and water
				  conservation district(s)"
means a governmental subdivision of this
				  state organized for the purposes, with the powers, and subject to the
				  restrictions set forth in Iowa Code chapter 161A.
"District cooperator"
means an individual or
				  business that has entered into a cooperator's agreement with a district for the
				  purpose of planning, applying, and maintaining the necessary soil and water
				  conservation practices on land under control of the individual or
				  business.
"Division"
means the division of soil
				  conservation and water quality as established and maintained by the department
				  pursuant to Iowa Code section
				  159.5(15)
				   and administered pursuant to Iowa Code
				  chapter 161A.
"Excessive erosion"
means soil erosion that
				  is occurring at a rate exceeding the established soil loss limit.
"Fiscal year"
means the state fiscal year
				  for which program funds were appropriated.
"Landowner"
includes any person, firm or
				  corporation, partnerships, estates, trusts, or any federal agency, this state
				  or any of its political subdivisions, who shall hold title to or have legal
				  control over land lying within a district.
"Maintenance/performance agreement"
means an
				  agreement between the recipient, the landowner, and the district. The recipient
				  and landowner agree to maintain the soil conservation practices for which
				  financial incentives from the division through the district have been received.
				  The agreement states that the recipient and landowner will maintain, repair, or
				  reconstruct the practices if they are not maintained according to the terms
				  specified in the agreement. The terms of the agreement shall be specified by
				  the division.
"Obligated funds"
means those moneys that
				  are set aside out of the district's allocation or by the division for payment
				  to a landowner after the commissioners have approved an application for
				  financial incentives.
"Power of attorney"
means a legal document
				  that grants a person the right to act on behalf of the landowner.
"Recipient"
means a landowner or district
				  cooperator who has qualified for and received financial incentive payments for
				  implementing soil and water conservation practices.
"Road"
means the entire width between
				  property lines of the publicly owned right-of-way.
"Row cropped lands"
means land that is in an
				  established rotation sequence that includes row crops and the sequence is
				  actively being followed or is in consecutive row crop sequence.
"Soil conservation practices"
means any of
				  the practices which serve to reduce erosion of soil by wind and water on land
				  used for agricultural or horticultural purposes and approved by the state soil
				  conservation and water quality committee.
"Soil loss limit"
means the maximum amount
				  of soil loss due to erosion by water or wind, expressed in terms of tons per
				  acre per year, which the commissioners of the respective soil and water
				  conservation districts have established by rule as acceptable.
"State soil survey data base for Iowa"
means
				  a listing of the soil map units for each county and the properties and
				  interpretation for each of the map units.
"Supplemental allocation"
means additional
				  funds provided beyond the original allocation.
"Supplementary administrative order"
means a
				  written notice sent to those receiving an administrative order for violation of
				  the district's soil loss limit regulations advising that cost-share funds are
				  being committed to the landowner or landowners and establishing time limits for
				  correcting the soil erosion problems.
"Technician"
means a person qualified to
				  design, lay out and inspect construction of soil conservation practices, and
				  who is assigned to or employed by a soil and water conservation
				  district.
"Unobligated funds"
means those cost-share
				  moneys the districts have been allocated and those the division administers
				  that have not been obligated.