161A.42 SOIL AND WATER CONSERVATION PRACTICES.
In addition to the definitions established by section 161A.3, as
used in this division, unless the context otherwise requires:
1. "Agricultural land" has the meaning assigned that term by
section 9H.1.
2. "Conservation agreement" means a commitment by the owner
or operator of a farm unit to implement a farm unit soil conservation
plan or, with the approval of the commissioners of the soil and water
conservation district within which the farm unit is located, a
portion of a farm unit soil conservation plan. The commitment shall
be conditioned on the furnishing by the soil and water conservation
district of technical or planning assistance in the establishment of,
and cost sharing or other financial assistance for establishment and
maintenance of the soil and water conservation practices necessary to
implement the plan, or a portion of the plan.
3. "Conservation folder" means compiled information
concerning the topography, soil composition, natural or artificial
drainage characteristics, and other pertinent factors concerning a
particular farm unit, which is necessary to the preparation of a
sound and equitable conservation agreement for that farm unit. The
specific items to be contained in a conservation folder shall be
prescribed by administrative rules of the department. The department
shall provide by rule that an updated farm plan prepared for a
particular farm unit within ten years prior to the effective date of
this subsection shall be considered an adequate replacement for the
conservation folder for that farm unit.
4. "Cost-share" or "cost-sharing" means a contribution of
money made by the state in order to pay a percentage of the costs
related to the establishment of voluntary or mandatory practices as
provided under this chapter, including but not limited to soil and
water conservation practices and erosion control practices.
5. "Erosion control practices" means:
a. The construction or installation, and maintenance, of such
structures or devices as are necessary to carry to a suitable outlet
from the site of any building housing four or more residential units,
any commercial or industrial development or any publicly or privately
owned recreational or service facility of any kind, not served by a
central storm sewer system, any water which:
(1) Would otherwise cause erosion in excess of the applicable
soil loss limit; and
(2) Does not carry nor constitute sewage, industrial waste, or
other waste as defined by section 455B.171.
b. The employment of temporary devices or structures,
temporary seeding, fibre mats, plastic, straw, or other measures
adequate to prevent erosion in excess of the applicable soil loss
limits from the site of, or land directly affected by, the
construction of any public or private street, road or highway, any
residential, commercial, or industrial building or development, or
any publicly or privately owned recreational or service facility of
any kind, at all times prior to completion of such construction.
c. The establishment and maintenance of vegetation upon the
right-of-way of any completed portion of any public street, road, or
highway, or the construction or installation thereon of structures or
devices, or other measures adequate to prevent erosion from the
right-of-way in excess of the applicable soil loss limits.
6. "Farm unit" means a single contiguous tract of
agricultural land, or two or more adjacent tracts of agricultural
land, located within a single soil and water conservation district,
upon which farming operations are being conducted by a person who
owns or is purchasing or renting all of the land, or by that person's
tenant or tenants. If a landowner has multiple farm tenants, the
land on which farming operations are being conducted by each tenant
is a separate farm unit. This definition does not prohibit land
which is within a single soil and water conservation district and is
owned or being purchased by the same person, or is being rented by
the same tenant, from being treated as two or more farm units if the
commissioners of the soil and water conservation district deem it
preferable to do so.
7. "Farm unit soil conservation plan" means a plan jointly
developed by the owner and, if appropriate, the operator of a farm
unit and the commissioners of the soil and water conservation
district within which that farm unit is located, based on the
conservation folder for that farm unit and identifying those
permanent soil and water conservation practices and temporary soil
and water conservation practices the use of which may be expected to
prevent soil loss by erosion from that farm unit in excess of the
applicable soil loss limit or limits. The plan shall if practicable
identify alternative practices by which this objective may be
attained.
8. "Forest" means stands of native or introduced trees
containing at least two hundred trees per acre and located on
privately owned land. However, a stand of fruit trees is not a
forest.
9. "Professional forester" means a forestry graduate of an
institution of higher learning, who has a minimum of two years of
forest management experience.
10. "Soil and water conservation practices" means any of the
practices designated in or pursuant to this subsection which serve to
prevent erosion of soil by wind or water, in excess of applicable
soil loss limits, from land used for agricultural or horticultural
purposes only.
a. "Permanent soil and water conservation practices" means
planting of perennial grasses, legumes, shrubs, or trees, the
establishment of grassed waterways, and the construction of terraces,
or other permanent soil and water practices approved by the
committee.
b. "Temporary soil and water conservation practices" means
planting of annual or biennial crops, use of strip-cropping, contour
planting, or minimum or mulch tillage, and any other cultural
practices approved by the committee.
11. "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 determine is acceptable in order to meet the
objectives expressed in section 161A.2.
12. "State forester" means a person employed by the
department of natural resources as required by section 456A.13.
161A.42 SOIL AND WATER CONSERVATION PRACTICES.
In addition to the definitions established by section 161A.3, as
used in this division, unless the context otherwise requires:
1. "Agricultural land" has the meaning assigned that term by
section 9H.1.
2. "Conservation agreement" means a commitment by the owner
or operator of a farm unit to implement a farm unit soil conservation
plan or, with the approval of the commissioners of the soil and water
conservation district within which the farm unit is located, a
portion of a farm unit soil conservation plan. The commitment shall
be conditioned on the furnishing by the soil and water conservation
district of technical or planning assistance in the establishment of,
and cost sharing or other financial assistance for establishment and
maintenance of the soil and water conservation practices necessary to
implement the plan, or a portion of the plan.
3. "Conservation folder" means compiled information
concerning the topography, soil composition, natural or artificial
drainage characteristics, and other pertinent factors concerning a
particular farm unit, which is necessary to the preparation of a
sound and equitable conservation agreement for that farm unit. The
specific items to be contained in a conservation folder shall be
prescribed by administrative rules of the department. The department
shall provide by rule that an updated farm plan prepared for a
particular farm unit within ten years prior to the effective date of
this subsection shall be considered an adequate replacement for the
conservation folder for that farm unit.
4. "Cost-share" or "cost-sharing" means a contribution of
money made by the state in order to pay a percentage of the costs
related to the establishment of voluntary or mandatory practices as
provided under this chapter, including but not limited to soil and
water conservation practices and erosion control practices.
5. "Erosion control practices" means:
a. The construction or installation, and maintenance, of such
structures or devices as are necessary to carry to a suitable outlet
from the site of any building housing four or more residential units,
any commercial or industrial development or any publicly or privately
owned recreational or service facility of any kind, not served by a
central storm sewer system, any water which:
(1) Would otherwise cause erosion in excess of the applicable
soil loss limit; and
(2) Does not carry nor constitute sewage, industrial waste, or
other waste as defined by section 455B.171.
b. The employment of temporary devices or structures,
temporary seeding, fibre mats, plastic, straw, or other measures
adequate to prevent erosion in excess of the applicable soil loss
limits from the site of, or land directly affected by, the
construction of any public or private street, road or highway, any
residential, commercial, or industrial building or development, or
any publicly or privately owned recreational or service facility of
any kind, at all times prior to completion of such construction.
c. The establishment and maintenance of vegetation upon the
right-of-way of any completed portion of any public street, road, or
highway, or the construction or installation thereon of structures or
devices, or other measures adequate to prevent erosion from the
right-of-way in excess of the applicable soil loss limits.
6. "Farm unit" means a single contiguous tract of
agricultural land, or two or more adjacent tracts of agricultural
land, located within a single soil and water conservation district,
upon which farming operations are being conducted by a person who
owns or is purchasing or renting all of the land, or by that person's
tenant or tenants. If a landowner has multiple farm tenants, the
land on which farming operations are being conducted by each tenant
is a separate farm unit. This definition does not prohibit land
which is within a single soil and water conservation district and is
owned or being purchased by the same person, or is being rented by
the same tenant, from being treated as two or more farm units if the
commissioners of the soil and water conservation district deem it
preferable to do so.
7. "Farm unit soil conservation plan" means a plan jointly
developed by the owner and, if appropriate, the operator of a farm
unit and the commissioners of the soil and water conservation
district within which that farm unit is located, based on the
conservation folder for that farm unit and identifying those
permanent soil and water conservation practices and temporary soil
and water conservation practices the use of which may be expected to
prevent soil loss by erosion from that farm unit in excess of the
applicable soil loss limit or limits. The plan shall if practicable
identify alternative practices by which this objective may be
attained.
8. "Forest" means stands of native or introduced trees
containing at least two hundred trees per acre and located on
privately owned land. However, a stand of fruit trees is not a
forest.
9. "Professional forester" means a forestry graduate of an
institution of higher learning, who has a minimum of two years of
forest management experience.
10. "Soil and water conservation practices" means any of the
practices designated in or pursuant to this subsection which serve to
prevent erosion of soil by wind or water, in excess of applicable
soil loss limits, from land used for agricultural or horticultural
purposes only.
a. "Permanent soil and water conservation practices" means
planting of perennial grasses, legumes, shrubs, or trees, the
establishment of grassed waterways, and the construction of terraces,
or other permanent soil and water practices approved by the
committee.
b. "Temporary soil and water conservation practices" means
planting of annual or biennial crops, use of strip-cropping, contour
planting, or minimum or mulch tillage, and any other cultural
practices approved by the committee.
11. "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 determine is acceptable in order to meet the
objectives expressed in section 161A.2.
12. "State forester" means a person employed by the
department of natural resources as required by section 456A.13.
161A.42 SOIL AND WATER CONSERVATION PRACTICES.
In addition to the definitions established by section 161A.3, as
used in this division, unless the context otherwise requires:
1. "Agricultural land" has the meaning assigned that term by
section 9H.1.
2. "Conservation agreement" means a commitment by the owner
or operator of a farm unit to implement a farm unit soil conservation
plan or, with the approval of the commissioners of the soil and water
conservation district within which the farm unit is located, a
portion of a farm unit soil conservation plan. The commitment shall
be conditioned on the furnishing by the soil and water conservation
district of technical or planning assistance in the establishment of,
and cost sharing or other financial assistance for establishment and
maintenance of the soil and water conservation practices necessary to
implement the plan, or a portion of the plan.
3. "Conservation folder" means compiled information
concerning the topography, soil composition, natural or artificial
drainage characteristics, and other pertinent factors concerning a
particular farm unit, which is necessary to the preparation of a
sound and equitable conservation agreement for that farm unit. The
specific items to be contained in a conservation folder shall be
prescribed by administrative rules of the department. The department
shall provide by rule that an updated farm plan prepared for a
particular farm unit within ten years prior to the effective date of
this subsection shall be considered an adequate replacement for the
conservation folder for that farm unit.
4. "Cost-share" or "cost-sharing" means a contribution of
money made by the state in order to pay a percentage of the costs
related to the establishment of voluntary or mandatory practices as
provided under this chapter, including but not limited to soil and
water conservation practices and erosion control practices.
5. "Erosion control practices" means:
a. The construction or installation, and maintenance, of such
structures or devices as are necessary to carry to a suitable outlet
from the site of any building housing four or more residential units,
any commercial or industrial development or any publicly or privately
owned recreational or service facility of any kind, not served by a
central storm sewer system, any water which:
(1) Would otherwise cause erosion in excess of the applicable
soil loss limit; and
(2) Does not carry nor constitute sewage, industrial waste, or
other waste as defined by section 455B.171.
b. The employment of temporary devices or structures,
temporary seeding, fibre mats, plastic, straw, or other measures
adequate to prevent erosion in excess of the applicable soil loss
limits from the site of, or land directly affected by, the
construction of any public or private street, road or highway, any
residential, commercial, or industrial building or development, or
any publicly or privately owned recreational or service facility of
any kind, at all times prior to completion of such construction.
c. The establishment and maintenance of vegetation upon the
right-of-way of any completed portion of any public street, road, or
highway, or the construction or installation thereon of structures or
devices, or other measures adequate to prevent erosion from the
right-of-way in excess of the applicable soil loss limits.
6. "Farm unit" means a single contiguous tract of
agricultural land, or two or more adjacent tracts of agricultural
land, located within a single soil and water conservation district,
upon which farming operations are being conducted by a person who
owns or is purchasing or renting all of the land, or by that person's
tenant or tenants. If a landowner has multiple farm tenants, the
land on which farming operations are being conducted by each tenant
is a separate farm unit. This definition does not prohibit land
which is within a single soil and water conservation district and is
owned or being purchased by the same person, or is being rented by
the same tenant, from being treated as two or more farm units if the
commissioners of the soil and water conservation district deem it
preferable to do so.
7. "Farm unit soil conservation plan" means a plan jointly
developed by the owner and, if appropriate, the operator of a farm
unit and the commissioners of the soil and water conservation
district within which that farm unit is located, based on the
conservation folder for that farm unit and identifying those
permanent soil and water conservation practices and temporary soil
and water conservation practices the use of which may be expected to
prevent soil loss by erosion from that farm unit in excess of the
applicable soil loss limit or limits. The plan shall if practicable
identify alternative practices by which this objective may be
attained.
8. "Forest" means stands of native or introduced trees
containing at least two hundred trees per acre and located on
privately owned land. However, a stand of fruit trees is not a
forest.
9. "Professional forester" means a forestry graduate of an
institution of higher learning, who has a minimum of two years of
forest management experience.
10. "Soil and water conservation practices" means any of the
practices designated in or pursuant to this subsection which serve to
prevent erosion of soil by wind or water, in excess of applicable
soil loss limits, from land used for agricultural or horticultural
purposes only.
a. "Permanent soil and water conservation practices" means
planting of perennial grasses, legumes, shrubs, or trees, the
establishment of grassed waterways, and the construction of terraces,
or other permanent soil and water practices approved by the
committee.
b. "Temporary soil and water conservation practices" means
planting of annual or biennial crops, use of strip-cropping, contour
planting, or minimum or mulch tillage, and any other cultural
practices approved by the committee.
11. "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 determine is acceptable in order to meet the
objectives expressed in section 161A.2.
12. "State forester" means a person employed by the
department of natural resources as required by section 456A.13.
