161A.44 RULES BY COMMISSIONERS -- SCOPE.
The commissioners of each soil and water conservation district
shall, with approval of and within time limits set by administrative
order of the state soil conservation committee, adopt reasonable
regulations as are deemed necessary to establish a soil loss limit or
limits for the district and provide for the implementation of the
limit or limits, and may subsequently amend or repeal their
regulations as they deem necessary. The committee shall review the
soil loss limit regulations adopted by the soil and water
conservation districts at least once every five years, and shall
recommend changes in the regulations of a soil and water conservation
district which the committee deems necessary to assure that the
district's soil loss limits are reasonable and attainable. The
commissioners may:
1. Classify land in the district on the basis of topography, soil
characteristics, current use, and other factors affecting propensity
to soil erosion.
2. Establish different soil loss limits for different classes of
land in the district if in their judgment and that of the state soil
conservation committee a lower soil loss limit should be applied to
some land than can reasonably be applied to other land in the
district, it being the intent of the general assembly that no land in
the state be assigned a soil loss limit that cannot reasonably be
applied to such land.
3. Require the owners of real property in the district to employ
either soil and water conservation practices or erosion control
practices, and:
a. May not specify the particular practices to be employed so
long as such owners voluntarily comply with the applicable soil loss
limits established for the district.
b. May specify two or more approved soil and water
conservation practices or erosion control practices, one of which
shall be employed by the landowner to bring erosion from land under
the landowner's control within the applicable soil loss limit of the
district when an administrative order is issued to the landowner.
c. In no case may the commissioners require:
(1) The employment of erosion control practices as defined in
section 161A.42, subsection 4, on land used in good faith for
agricultural or horticultural purposes only.
(2) The employment of soil and water conservation practices or
erosion control practices on that portion of any public street, road
or highway completed or under construction within the corporate
limits of any city, which is or will become the traveled or surfaced
portion of such street, road, or highway.
(3) That any owner or operator of agricultural land refrain from
fall plowing of land on which the owner or operator intends to raise
a crop during the next succeeding growing season, however on those
lands which are prone to excessive wind erosion the commissioners may
require that reasonable temporary measures be taken to minimize the
likelihood of wind erosion so long as such measures do not unduly
increase the cost of operation of the farm on which the land is
located. However, fall plowing of soil which is commonly known as
gumbo shall always be permitted.
d. May require that a person under an order to employ soil
and water conservation practices or erosion control practices submit
up to three bids to the commissioners for the work and provide an
explanation to the commissioners if a bid other than the lowest bid
has been selected by that person.
161A.44 RULES BY COMMISSIONERS -- SCOPE.
The commissioners of each soil and water conservation district
shall, with approval of and within time limits set by administrative
order of the state soil conservation committee, adopt reasonable
regulations as are deemed necessary to establish a soil loss limit or
limits for the district and provide for the implementation of the
limit or limits, and may subsequently amend or repeal their
regulations as they deem necessary. The committee shall review the
soil loss limit regulations adopted by the soil and water
conservation districts at least once every five years, and shall
recommend changes in the regulations of a soil and water conservation
district which the committee deems necessary to assure that the
district's soil loss limits are reasonable and attainable. The
commissioners may:
1. Classify land in the district on the basis of topography, soil
characteristics, current use, and other factors affecting propensity
to soil erosion.
2. Establish different soil loss limits for different classes of
land in the district if in their judgment and that of the state soil
conservation committee a lower soil loss limit should be applied to
some land than can reasonably be applied to other land in the
district, it being the intent of the general assembly that no land in
the state be assigned a soil loss limit that cannot reasonably be
applied to such land.
3. Require the owners of real property in the district to employ
either soil and water conservation practices or erosion control
practices, and:
a. May not specify the particular practices to be employed so
long as such owners voluntarily comply with the applicable soil loss
limits established for the district.
b. May specify two or more approved soil and water
conservation practices or erosion control practices, one of which
shall be employed by the landowner to bring erosion from land under
the landowner's control within the applicable soil loss limit of the
district when an administrative order is issued to the landowner.
c. In no case may the commissioners require:
(1) The employment of erosion control practices as defined in
section 161A.42, subsection 4, on land used in good faith for
agricultural or horticultural purposes only.
(2) The employment of soil and water conservation practices or
erosion control practices on that portion of any public street, road
or highway completed or under construction within the corporate
limits of any city, which is or will become the traveled or surfaced
portion of such street, road, or highway.
(3) That any owner or operator of agricultural land refrain from
fall plowing of land on which the owner or operator intends to raise
a crop during the next succeeding growing season, however on those
lands which are prone to excessive wind erosion the commissioners may
require that reasonable temporary measures be taken to minimize the
likelihood of wind erosion so long as such measures do not unduly
increase the cost of operation of the farm on which the land is
located. However, fall plowing of soil which is commonly known as
gumbo shall always be permitted.
d. May require that a person under an order to employ soil
and water conservation practices or erosion control practices submit
up to three bids to the commissioners for the work and provide an
explanation to the commissioners if a bid other than the lowest bid
has been selected by that person.
161A.44 RULES BY COMMISSIONERS -- SCOPE.
The commissioners of each soil and water conservation district
shall, with approval of and within time limits set by administrative
order of the state soil conservation committee, adopt reasonable
regulations as are deemed necessary to establish a soil loss limit or
limits for the district and provide for the implementation of the
limit or limits, and may subsequently amend or repeal their
regulations as they deem necessary. The committee shall review the
soil loss limit regulations adopted by the soil and water
conservation districts at least once every five years, and shall
recommend changes in the regulations of a soil and water conservation
district which the committee deems necessary to assure that the
district's soil loss limits are reasonable and attainable. The
commissioners may:
1. Classify land in the district on the basis of topography, soil
characteristics, current use, and other factors affecting propensity
to soil erosion.
2. Establish different soil loss limits for different classes of
land in the district if in their judgment and that of the state soil
conservation committee a lower soil loss limit should be applied to
some land than can reasonably be applied to other land in the
district, it being the intent of the general assembly that no land in
the state be assigned a soil loss limit that cannot reasonably be
applied to such land.
3. Require the owners of real property in the district to employ
either soil and water conservation practices or erosion control
practices, and:
a. May not specify the particular practices to be employed so
long as such owners voluntarily comply with the applicable soil loss
limits established for the district.
b. May specify two or more approved soil and water
conservation practices or erosion control practices, one of which
shall be employed by the landowner to bring erosion from land under
the landowner's control within the applicable soil loss limit of the
district when an administrative order is issued to the landowner.
c. In no case may the commissioners require:
(1) The employment of erosion control practices as defined in
section 161A.42, subsection 4, on land used in good faith for
agricultural or horticultural purposes only.
(2) The employment of soil and water conservation practices or
erosion control practices on that portion of any public street, road
or highway completed or under construction within the corporate
limits of any city, which is or will become the traveled or surfaced
portion of such street, road, or highway.
(3) That any owner or operator of agricultural land refrain from
fall plowing of land on which the owner or operator intends to raise
a crop during the next succeeding growing season, however on those
lands which are prone to excessive wind erosion the commissioners may
require that reasonable temporary measures be taken to minimize the
likelihood of wind erosion so long as such measures do not unduly
increase the cost of operation of the farm on which the land is
located. However, fall plowing of soil which is commonly known as
gumbo shall always be permitted.
d. May require that a person under an order to employ soil
and water conservation practices or erosion control practices submit
up to three bids to the commissioners for the work and provide an
explanation to the commissioners if a bid other than the lowest bid
has been selected by that person.
