Iowa Administrative Code

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.

PART 2

PART 3

PART 4

enhancement account funds are allocated to the water protection fund. Each year’s allocation of water protection funds is divided equally between the water quality protection projects account and the water protection practices account. [ARC 8755B, IAB 5/19/10, effective 7/1/10]

PART 5

and reallocation of water protection practices funds to soil and water conservation districts and to the division’s reserve fund. [ARC 0737C, IAB 5/15/13, effective 7/1/13]

12.51(1) Original allocation. July 1 of each year, funds appropriated to the water protection practices account will be allocated to districts. Seventy-three and one-half percent of the funds will be divided equally among 100 soil and water conservation districts. Twenty-five per…

PART 6

procedures to be followed in applying for and entering agreements for receiving water protection practices funds.

operators desiring to be considered for water protection practices funds shall complete necessary applications as specified by the district. All application forms and agreements for water protection practices funds are available from and shall be submitted to the district office …

12.62(1) Signatures by landowner and qualified applicant. All applications and agreements shall be signed by the landowner and applicant. For an applicant to qualify for payment, both landowner and applicant must sign the application. 12.62(2) Land being bought under contract. Al…

12.63(1) District cooperator. Rescinded IAB 7/18/07, effective 6/27/07. 12.63(2) Practices installed on adjoining public lands. Where water protection practices which benefit adjoining private lands are installed on public lands and costs of the installation are to be shared by t…

PART 7

conditions, eligible practices, specifications, and cost-share rates for the installation of water protection practices authorized in Iowa Code chapter 161C.

12.71(1) Technician certification. The designated water protection practices shall not be funded unless the technician has inspected the site and has determined that such practice(s) is needed to protect water quality. 12.71(2) Limitation of reimbursable cost of practices. Overbu…

fund reimbursement. 12.72(1) Critical area planting. 12.72(2) Contour buffer strips. The practice includes science-based trials of row crops integrated with prairie strips (STRIPS) planted on contour. 12.72(3) Field border. 12.72(4) Filter strips. The practice includes science-ba…

are eligible for water protection practice fund reimbursement only in those areas or instances approved in rule 27—12.75(161C). 12.73(1) Grassed waterway. 12.73(2) Grade stabilization structure. 12.73(3) Terrace. 12.73(4) Water and sediment control basin. 12.73(5) Diversion. 12.7…

protection practice fund reimbursement where installation of the practice is consistent with current drainage law of the state of Iowa. This practice is intended to assist in the voluntary closure of agricultural drainage wells registered with the department of natural resources …

27—12.73(161C) will be eligible for landowner reimbursement from water protection practices funds only for watersheds and water quality problems designated by soil and water conservation district commissioners and approved by the state soil conservation and water quality committe…

designated in rules 27—12.72(161C) to 27—12.74(161C). These rates represent the maximum allowable cost share provided by state funds. These rates may be used in combination with other public funds to provide a total cost-share rate not to exceed 75 percent of the lesser of the el…

PART 8

this part is to establish the general conditions, eligible practices, specifications and cost-share rates for the installation of woodlands, native grasses and forbs as authorized in Iowa Code chapter 161C.

12.81(1) Practice need. The designated practices shall not be funded unless the certifying technician has inspected the site and has determined that such practice(s) is needed. 12.81(2) Forest management plan required. A forest management plan approved by the forestry bureau of t…

12.63(4) District priorities. Each application for water protection practices shall be evaluated under the priority system adopted by the district for disbursement of allocated funds. Soil and water conservation district commissioners shall give priority to applications for pract…

Natural Resources Conservation Service conservation standards and specifications where applicable. These standards may be accessed through the electronic field office technical guide at efotg.sc.egov.usda.gov/ efotg_locator.aspx. Tree planting, forest stand improvement, site prep…

designated in rule 27—12.82(161C). The use of state cost-share funds alone or in combination with other public funds shall not exceed the limits established by these rules. 12.84(1) Windbreaks. Seventy-five percent of the eligible or estimated cost, whichever is less, not to exce…

establish eligible practices, develop cost-share procedures, experiment with new conservation practices and explore new technologies with approval of the state soil conservation and water quality committee. 12.85(1) District designation. Districts shall submit to the state soil c…

PART 9

provided in rule 27—10.91(161A). These rules are intended to implement Iowa Code chapters 161A and 161C and Iowa Code section 455A.19. [Filed 12/8/89, Notice 10/18/89—published 12/27/89, effective 1/31/90] [Filed emergency 7/6/90 after Notice 5/30/90—published 7/25/90, effective …

exports over time through the adoption of water quality practices and through the establishment and administration of targeted watershed demonstration projects and individual cost-share practices. The purpose is also to assist education and outreach about the feasibility and valu…

establish a budget for the next project year; renegotiate with the applicant or recipient about the objectives, procedures, budget, reports or time schedule; or terminate the project. [ARC 1104C, IAB 10/16/13, effective 11/20/13]

practice as required by the contract. Practices shall meet applicable Natural Resources Conservation Service conservation standards and specifications or applicable standards and specifications set out in the contract. The division may, for cause, find that a recipient is not in …

or permanent practice subject to a maintenance/performance agreement may, as appropriate, review the order with the division. When a recipient wishes to appeal an order to maintain, repair or reconstruct a temporary or permanent practice subject to a maintenance/performance agree…

“Council” means the water resources coordinating council established pursuant to Iowa Code section 466B.3. “Department” means the department of agriculture and land stewardship. “Division” means the division of soil conservation and water quality, department of agriculture and la…

share of the practice cost shall not exceed the lesser of 50 percent of the estimated cost of establishing the practice as determined by the division or 50 percent of the actual cost of the practice. [ARC 1104C, IAB 10/16/13, effective 11/20/13; ARC 3957C, IAB 8/15/18, effective …

eligible for funds. These practices are identified in the nutrient reduction strategy or by the division. Practices shall meet applicable Natural Resources Conservation Service conservation standards and specifications or applicable standards and specifications set out by the dep…

funding. [ARC 1104C, IAB 10/16/13, effective 11/20/13]

for funding as determined by the division. [ARC 1104C, IAB 10/16/13, effective 11/20/13]

identified watersheds. The division shall conduct water quality evaluations within supported subwatersheds. [ARC 1104C, IAB 10/16/13, effective 11/20/13]

16.8(1) General application requirements. Project applications shall include the demonstration, outreach, and education objectives of the project and the plan for implementation; project costs, including the estimated cost of each measure to be implemented for each year of partic…

will be reviewed, evaluated and ranked by the division using criteria described in the request for applications. Funding recommendations will take into account the program objective to demonstrate and promote a variety of conservation practices in combination with education and o…

water quality committee. Rule-making proceedings held as part of committee meetings and contested case proceedings involving the committee are consistent with Iowa Code chapter 17A. [ARC 3243C, IAB 8/2/17, effective 9/6/17]

2.10(1) Elections. Officers shall be elected annually during June and shall assume office effective July 1. 2.10(2) Succession. a. If the chairperson does not serve out the elected term, the vice chairperson shall succeed the chairperson for the remainder of the term. A special e…