Iowa Administrative Code

These rules are intended to implement Iowa Code chapter 161A. [Filed 11/23/88, Notice 10/5/88—published 12/14/88, effective 1/18/89] [Filed ARC 2192C (Notice ARC 2102C, IAB 8/19/15), IAB 10/14/15, effective 11/18/15] [Filed ARC 3243C (Notice ARC 3086C, IAB 6/7/17), IAB 8/2/17, ef…

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 development of soil and water resource conservation plans in…

thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application 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…

defined: “Soil and water resource conservation plan” is a comprehensive long-range assessment of soil and surface water resources in the district consistent with rules approved by the committee under Iowa Code section 161A.4. The plan will assess the condition of soil and water i…

for districts to develop a plan to preserve and protect the public interest in the soil and water resources of this state and for future generations. 22.21(1) Plan development criteria. The soil and water conservation district commissioners will develop a soil and water resource …

the public interest in the soil and water resources of this state for future generations. It will include the proper control of and use of the soil and water resources by measures including, but not limited to, the control of floods, the control of erosion by water or by wind, th…

distribution. The plan shall meet all of the requirements of Iowa Code chapter 161A and this chapter before final plan completion. 22.40(1) Adoption. The district commissioners by a motion at their regularly scheduled meeting shall approve their completed plan or amendment. 22.40…

developing a state plan according to Iowa Code section 161A.4(4)“h.” The state plan shall contain on a statewide basis the information required for a district plan. These rules are intended to implement Iowa Code chapter 161A. [Filed 1/18/91, Notice 10/31/90—published 2/6/91, eff…

Soil Conservation and Water Quality, Department of Agriculture and Land Stewardship”. [ARC 2192C, IAB 10/14/15, effective 11/18/15]

3.12(3) In lieu of the words “(specify office and address)” insert “Director’s Office, Division of Soil Conservation and Water Quality, Department of Agriculture and Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des Moines, Iowa 50319”. In lieu of the wor…

3.15(4) Delete the words “(or other time period designated by the agency)”. 3.15(5) In lieu of the words “(45 days)” insert “45 days”. In lieu of the words “(15 days)” insert “15 days”. In lieu of the words “(20 days)” insert “20 days”.

3.16(1) Delete the words “(or other time period designated by the agency)”. In lieu of the words “(designate office)” insert “presiding officer”.

3.17(1) Delete the words “(or other time period designated by the agency)”.

“Committee” means the state soil conservation and water quality committee established at Iowa Code section 161A.4. “Department” means the department of agriculture and land stewardship. “Director” means the director of the division of soil conservation and water quality, departme…

3.22(5) Delete the words “(or other time specified by the agency)”.

3.23(8) In lieu of the words “(or disclosed)” insert “or disclosed”. 3.23(10) In lieu of the words “(agency to designate person to whom violations should be reported)” insert “the division director or the director’s designee”.

“director or the director’s designee”. In lieu of the words “(of the presiding officer)” insert “of the presiding officer”. Delete the words “(or other time period designated by the agency)”.

3.26(1) In lieu of the words “(the agency) (or a quorum of the agency)” insert “the division”. 3.26(2) In lieu of the words “(agency name)” insert “division”.

3.27(1) In lieu of the words “(board, commission, director)” insert “director or the director’s designee”. Delete the words “(or other time period designated by the agency)”. 3.27(2) In lieu of the words “(board, commission, director)” insert “director or the director’s designee”…

3.28(3) In lieu of the words “(agency name)” insert “division”. 3.28(4) In lieu of the words “(agency name)” insert “division”.

3.29(1) In lieu of the words “(agency name)” insert “division”. In lieu of the words “(board, commission, director)” insert “director or the director’s designee”. 3.29(2) In lieu of the words “(board, commission, director, as appropriate)” insert “director or the director’s desig…

3.3(2) Delete the words “or by (specify rule number)”.

person claiming an entitlement to a contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the agency action in q…

3.5(1) Delete paragraph “e. (other options).”

3.6(1) Delete the words “(or such other time period the agency designates)”. 3.6(2) Delete the words “(or its designee)”. Delete paragraphs “c” and “i” and reletter the subsequent paragraphs. 3.6(3) Delete the subrule and insert “The agency shall issue a written ruling specifying…

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 agricultural drainage wells — alternative drainage …

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. [ARC …

“Agricultural drainage well” means a vertical opening to an aquifer or permeable substratum which is constructed by any means including but not limited to drilling, driving, digging, boring, augering, jetting, washing, or coring, and which is capable of intercepting or receiving …

program and to defray expenses by the division in administering the program. However, not more than 1 percent of the fund may be used to defray administrative expenses of the division. Moneys which are unobligated at the end of the fiscal year shall not revert but will be availab…

assistance program may be from moneys available to and obtained or accepted by the division or the state soil conservation and water quality committee from the United States or private sources for placement in the fund. [ARC 2192C, IAB 10/14/15, effective 11/18/15; ARC 3243C, IAB…

drainage well closure and alternative drainage system improvement projects. Allocations shall be 75 percent of the estimated cost of installing the alternative drainage system improvements as defined by Iowa Code section 468.3. 30.40(1) and 30.40(2) Rescinded IAB 10/14/15, effect…

this rule. 30.50(1) Cost-share rate. Except for the cost of wetland restoration projects with permanent easements, cost-share payments from the fund shall not exceed 75 percent of the estimated cost or 75 percent of the actual cost of the project, whichever is less. 30.50(2) Elig…

distributed to eligible landowners by the drainage district, under the terms of a 28E agreement between the division and the drainage district. 30.60(1) Distribution to eligible landowners under adopted classification. Funds will be transferred by the division for all eligible co…

compliance actions taken by the division when it is found that program requirements or funding agreements are not being carried out. 30.70(1) Compliance with program requirements or funding agreements. Upon determination that program requirements or funding agreements have not be…

time the words are used, insert “division of soil conservation and water quality, department of agriculture and land stewardship (hereinafter referred to as “the division”)”. In lieu of the words “(designate agency)” the subsequent times the words are used, insert “division”. In …

“division”. Delete the words “(who consent to be bound)”. These rules are intended to implement Iowa Code chapters 17A and 161A. [Filed 5/12/99, Notice 3/24/99—published 6/2/99, effective 7/7/99] [Filed ARC 2192C (Notice ARC 2102C, IAB 8/19/15), IAB 10/14/15, effective 11/18/15]…

In lieu of the words “(designate agency)” insert “division”.