27—10.20(161A) Definitions.
“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.
[ARC 8766B, IAB 5/19/10, effective 7/1/10; ARC 0224C, IAB 7/25/12, effective 8/29/12; ARC 2192C, IAB 10/14/15, effective 11/18/15; ARC 3243C, IAB 8/2/17, effective 9/6/17; ARC 4340C, IAB 3/13/19, effective 4/17/19]