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161A.48 Mandatory establishment of soil and water conservation practices.

1. An owner or occupant of land in this state is not required to establish any new permanent or temporary soil and water conservation practice unless cost-share or other public moneys have been specifically approved for that land and made available to the owner or occupant pursuant to section 161A.74.

2. Evidence that an application for cost-share or other public moneys, from a source or sources having authority to pay a portion of the cost of work needed to comply with an administrative order issued pursuant to section 161A.47, has been submitted to the proper officer or agency constitutes commencement of the work within the meaning of sections 161A.43 through 161A.53.

3. Upon receiving evidence of the submission of an application, the commissioners shall forward to the officer or agency to which the application was made a written request to receive notification of the disposition of the application. When notified of the approval of the application, the commissioners shall issue to the same parties who received the original administrative order, or their successors in interest, a supplementary order, to be delivered in the same manner as provided by sections 161A.43 to 161A.53 for delivery of original administrative orders. The supplementary order shall state a time, not more than six months after approval of the application for public cost-sharing funds, by which the work needed to comply with the original administrative order shall actually be commenced, and a time thereafter when the work is to be satisfactorily completed. If feasible, that time shall be within one year after the date of the supplementary order, but the owner of land on which a soil and water conservation practice is being established under this section is not required to incur a cost for the practice in any one calendar year which exceeds ten dollars per acre for each acre of land belonging to that owner and located in the county containing the land on which the required practice is being established or in counties contiguous to that county.

Section History: Early form

[C73, 75, 77, 79, 81, § 467A.48]

Section History: Recent form

84 Acts, ch 1192, § 1; 86 Acts, ch 1245, § 660; 87 Acts, ch 23, § 34; 89 Acts, ch 106, § 8; 90 Acts, ch 1255, § 35; 90 Acts, ch 1260, § 29; 91 Acts, ch 268, §238; 92 Acts, ch 1184, § 5 ~IC93, § 161A.48

Internal References

Referred to in § 161A.47, 161A.49, 161A.61, 161A.71, 161A.74


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