161A.61 DISCRETIONARY INSPECTION BY COMMISSIONERS --
ACTIONS UPON CERTAIN FINDINGS.
1. In addition to the authority granted by section 161A.47, the
commissioners of a soil and water conservation district may inspect
or cause to be inspected any land within the district on which they
have reasonable grounds to believe that soil erosion is occurring in
excess of the limits established by the district's soil erosion
control regulations. If the commissioners find from an inspection
conducted under authority of either section 161A.47 or this section
that soil erosion is occurring on that land in excess of the
applicable soil loss limits established by the district's soil
erosion control regulations, they shall send notice of that finding
to the landowner or landowners of record, and to the occupant of the
land if known to the commissioners. The notice shall describe the
land affected and shall state as nearly as possible the extent to
which soil erosion from that land exceeds the applicable soil loss
limits.
a. If the commissioners find that the excessive erosion
described in the notice is not causing sediment damage to property
owned or occupied by any person other than the owner or occupant of
the land on which the excessive soil erosion is occurring, and that
the rate of the excessive erosion is less than twice the applicable
soil loss limit, the notice required by this subsection shall include
or be accompanied by information regarding financial or other
assistance which the commissioners are able to make available to the
owner or occupant of the land to aid in achieving compliance with the
applicable soil loss limits.
b. If the commissioners find that the excessive soil erosion
described in the notice is not causing sediment damage to property
owned or occupied by any person other than the owner or occupant of
the land on which it is occurring, but that the erosion is occurring
at a rate equal to or greater than twice the applicable soil loss
limit, the notice shall so state, shall include or be accompanied by
the information required by paragraph "a" of this subsection, and
shall be delivered by personal service or by restricted certified
mail to each of the persons to whom the notice is directed. A notice
given under this paragraph shall also include or be accompanied by
information explaining the provisions of subsection 2.
2. Beginning January 1, 1985, or five years after the completion
of the conservation folder for a particular farm unit pursuant to
this section, whichever date is later, the commissioners of the soil
and water conservation district in which that farm unit is located
may petition the district court for an appropriate order with respect
to that farm unit if its owner or occupant has been sent a notice by
the commissioners under subsection 1, paragraph "b" for three or
more consecutive years. The commissioners' petition shall seek a
court order which states a time not more than six months after the
date of the order when the owner or occupant must commence, and a
time when the owner or occupant must complete the steps necessary to
comply with the order. The time allowed to complete the
establishment of a temporary soil and water conservation practice
employed to comply or advance toward compliance with the court's
order shall be not more than one year after the date of that order,
and the time allowed to complete the establishment of a permanent
soil and water conservation practice employed to comply with the
court's order shall be not more than five years after the date of
that order. Section 161A.48 applies to a court order issued under
this subsection. The steps required of the farm unit owner or
operator by the court order are those which are necessary to do one
of the following:
a. Bring the farm unit which is the subject of the order into
compliance with its farm unit soil conservation plan, if such a plan
had been agreed upon prior to the time the commissioners petitioned
for the order.
b. Bring the farm unit which is the subject of the order into
compliance with a plan developed for that farm unit by the
commissioners, in accordance with guidelines established by the
division of soil conservation, and presented to the court as a part
of the commissioners' petition, if a farm unit soil conservation plan
has not previously been agreed upon for that farm unit. A plan
presented to the court by the commissioners under this paragraph
shall specify as many alternative approved soil and water
conservation practices as feasible, among which the owner or occupant
of the farm unit may choose in taking the steps necessary to comply
with the court's order.
c. Bring the farm unit which is the subject of the order into
compliance with a soil conservation plan developed by the owner or
occupant of that farm unit as an alternative to the proposed soil
conservation plan developed by the commissioners, if the owner or
occupant so petitions the court and the court finds that the owner or
occupant's plan will bring the farm unit into conformity with the
applicable soil loss limits of the district.
3. The commissioners may also cause an inspection of land within
the district on which they have reasonable grounds to believe that a
permanent soil and water conservation practice established with
public cost-sharing funds is not being properly maintained or is
being altered in violation of section 161A.7, subsection 3. If the
commissioners find that the practices are not being maintained or
have been altered in violation of section 161A.7, subsection 3, the
commissioners shall issue an administrative order to the landowner
who made the unauthorized removal, alteration or modification to
maintain, repair, or reconstruct the permanent soil and water
conservation practices. The requirement for maintenance and repair
is for the length of life as defined in section 161A.7, subsection 3.
Public cost-sharing funds are not available for the work under this
order. If the landowner fails to comply with the administrative
order, the commissioners may petition the district court for an order
compelling compliance with the order. Upon receiving satisfactory
proof, the court shall issue an order directing compliance with the
administrative order and may modify the administrative order. The
provisions of section 161A.50 relating to notice, appeals, and
contempt of court shall apply to proceedings under this subsection.
Section History: Early Form
[C81, § 467A.61; 82 Acts, ch 1220, § 2]
Section History: Recent Form
87 Acts, ch 23, § 37, 38
C93, § 161A.61
2009 Acts, ch 41, §61
Referred to in § 161A.7
161A.61 DISCRETIONARY INSPECTION BY COMMISSIONERS --
ACTIONS UPON CERTAIN FINDINGS.
1. In addition to the authority granted by section 161A.47, the
commissioners of a soil and water conservation district may inspect
or cause to be inspected any land within the district on which they
have reasonable grounds to believe that soil erosion is occurring in
excess of the limits established by the district's soil erosion
control regulations. If the commissioners find from an inspection
conducted under authority of either section 161A.47 or this section
that soil erosion is occurring on that land in excess of the
applicable soil loss limits established by the district's soil
erosion control regulations, they shall send notice of that finding
to the landowner or landowners of record, and to the occupant of the
land if known to the commissioners. The notice shall describe the
land affected and shall state as nearly as possible the extent to
which soil erosion from that land exceeds the applicable soil loss
limits.
a. If the commissioners find that the excessive erosion
described in the notice is not causing sediment damage to property
owned or occupied by any person other than the owner or occupant of
the land on which the excessive soil erosion is occurring, and that
the rate of the excessive erosion is less than twice the applicable
soil loss limit, the notice required by this subsection shall include
or be accompanied by information regarding financial or other
assistance which the commissioners are able to make available to the
owner or occupant of the land to aid in achieving compliance with the
applicable soil loss limits.
b. If the commissioners find that the excessive soil erosion
described in the notice is not causing sediment damage to property
owned or occupied by any person other than the owner or occupant of
the land on which it is occurring, but that the erosion is occurring
at a rate equal to or greater than twice the applicable soil loss
limit, the notice shall so state, shall include or be accompanied by
the information required by paragraph "a" of this subsection, and
shall be delivered by personal service or by restricted certified
mail to each of the persons to whom the notice is directed. A notice
given under this paragraph shall also include or be accompanied by
information explaining the provisions of subsection 2.
2. Beginning January 1, 1985, or five years after the completion
of the conservation folder for a particular farm unit pursuant to
this section, whichever date is later, the commissioners of the soil
and water conservation district in which that farm unit is located
may petition the district court for an appropriate order with respect
to that farm unit if its owner or occupant has been sent a notice by
the commissioners under subsection 1, paragraph "b" for three or
more consecutive years. The commissioners' petition shall seek a
court order which states a time not more than six months after the
date of the order when the owner or occupant must commence, and a
time when the owner or occupant must complete the steps necessary to
comply with the order. The time allowed to complete the
establishment of a temporary soil and water conservation practice
employed to comply or advance toward compliance with the court's
order shall be not more than one year after the date of that order,
and the time allowed to complete the establishment of a permanent
soil and water conservation practice employed to comply with the
court's order shall be not more than five years after the date of
that order. Section 161A.48 applies to a court order issued under
this subsection. The steps required of the farm unit owner or
operator by the court order are those which are necessary to do one
of the following:
a. Bring the farm unit which is the subject of the order into
compliance with its farm unit soil conservation plan, if such a plan
had been agreed upon prior to the time the commissioners petitioned
for the order.
b. Bring the farm unit which is the subject of the order into
compliance with a plan developed for that farm unit by the
commissioners, in accordance with guidelines established by the
division of soil conservation, and presented to the court as a part
of the commissioners' petition, if a farm unit soil conservation plan
has not previously been agreed upon for that farm unit. A plan
presented to the court by the commissioners under this paragraph
shall specify as many alternative approved soil and water
conservation practices as feasible, among which the owner or occupant
of the farm unit may choose in taking the steps necessary to comply
with the court's order.
c. Bring the farm unit which is the subject of the order into
compliance with a soil conservation plan developed by the owner or
occupant of that farm unit as an alternative to the proposed soil
conservation plan developed by the commissioners, if the owner or
occupant so petitions the court and the court finds that the owner or
occupant's plan will bring the farm unit into conformity with the
applicable soil loss limits of the district.
3. The commissioners may also cause an inspection of land within
the district on which they have reasonable grounds to believe that a
permanent soil and water conservation practice established with
public cost-sharing funds is not being properly maintained or is
being altered in violation of section 161A.7, subsection 3. If the
commissioners find that the practices are not being maintained or
have been altered in violation of section 161A.7, subsection 3, the
commissioners shall issue an administrative order to the landowner
who made the unauthorized removal, alteration or modification to
maintain, repair, or reconstruct the permanent soil and water
conservation practices. The requirement for maintenance and repair
is for the length of life as defined in section 161A.7, subsection 3.
Public cost-sharing funds are not available for the work under this
order. If the landowner fails to comply with the administrative
order, the commissioners may petition the district court for an order
compelling compliance with the order. Upon receiving satisfactory
proof, the court shall issue an order directing compliance with the
administrative order and may modify the administrative order. The
provisions of section 161A.50 relating to notice, appeals, and
contempt of court shall apply to proceedings under this subsection.
Section History: Early Form
[C81, § 467A.61; 82 Acts, ch 1220, § 2]
Section History: Recent Form
87 Acts, ch 23, § 37, 38
C93, § 161A.61
2009 Acts, ch 41, §61
Referred to in § 161A.7
161A.61 DISCRETIONARY INSPECTION BY COMMISSIONERS --
ACTIONS UPON CERTAIN FINDINGS.
1. In addition to the authority granted by section 161A.47, the
commissioners of a soil and water conservation district may inspect
or cause to be inspected any land within the district on which they
have reasonable grounds to believe that soil erosion is occurring in
excess of the limits established by the district's soil erosion
control regulations. If the commissioners find from an inspection
conducted under authority of either section 161A.47 or this section
that soil erosion is occurring on that land in excess of the
applicable soil loss limits established by the district's soil
erosion control regulations, they shall send notice of that finding
to the landowner or landowners of record, and to the occupant of the
land if known to the commissioners. The notice shall describe the
land affected and shall state as nearly as possible the extent to
which soil erosion from that land exceeds the applicable soil loss
limits.
a. If the commissioners find that the excessive erosion
described in the notice is not causing sediment damage to property
owned or occupied by any person other than the owner or occupant of
the land on which the excessive soil erosion is occurring, and that
the rate of the excessive erosion is less than twice the applicable
soil loss limit, the notice required by this subsection shall include
or be accompanied by information regarding financial or other
assistance which the commissioners are able to make available to the
owner or occupant of the land to aid in achieving compliance with the
applicable soil loss limits.
b. If the commissioners find that the excessive soil erosion
described in the notice is not causing sediment damage to property
owned or occupied by any person other than the owner or occupant of
the land on which it is occurring, but that the erosion is occurring
at a rate equal to or greater than twice the applicable soil loss
limit, the notice shall so state, shall include or be accompanied by
the information required by paragraph "a" of this subsection, and
shall be delivered by personal service or by restricted certified
mail to each of the persons to whom the notice is directed. A notice
given under this paragraph shall also include or be accompanied by
information explaining the provisions of subsection 2.
2. Beginning January 1, 1985, or five years after the completion
of the conservation folder for a particular farm unit pursuant to
this section, whichever date is later, the commissioners of the soil
and water conservation district in which that farm unit is located
may petition the district court for an appropriate order with respect
to that farm unit if its owner or occupant has been sent a notice by
the commissioners under subsection 1, paragraph "b" for three or
more consecutive years. The commissioners' petition shall seek a
court order which states a time not more than six months after the
date of the order when the owner or occupant must commence, and a
time when the owner or occupant must complete the steps necessary to
comply with the order. The time allowed to complete the
establishment of a temporary soil and water conservation practice
employed to comply or advance toward compliance with the court's
order shall be not more than one year after the date of that order,
and the time allowed to complete the establishment of a permanent
soil and water conservation practice employed to comply with the
court's order shall be not more than five years after the date of
that order. Section 161A.48 applies to a court order issued under
this subsection. The steps required of the farm unit owner or
operator by the court order are those which are necessary to do one
of the following:
a. Bring the farm unit which is the subject of the order into
compliance with its farm unit soil conservation plan, if such a plan
had been agreed upon prior to the time the commissioners petitioned
for the order.
b. Bring the farm unit which is the subject of the order into
compliance with a plan developed for that farm unit by the
commissioners, in accordance with guidelines established by the
division of soil conservation, and presented to the court as a part
of the commissioners' petition, if a farm unit soil conservation plan
has not previously been agreed upon for that farm unit. A plan
presented to the court by the commissioners under this paragraph
shall specify as many alternative approved soil and water
conservation practices as feasible, among which the owner or occupant
of the farm unit may choose in taking the steps necessary to comply
with the court's order.
c. Bring the farm unit which is the subject of the order into
compliance with a soil conservation plan developed by the owner or
occupant of that farm unit as an alternative to the proposed soil
conservation plan developed by the commissioners, if the owner or
occupant so petitions the court and the court finds that the owner or
occupant's plan will bring the farm unit into conformity with the
applicable soil loss limits of the district.
3. The commissioners may also cause an inspection of land within
the district on which they have reasonable grounds to believe that a
permanent soil and water conservation practice established with
public cost-sharing funds is not being properly maintained or is
being altered in violation of section 161A.7, subsection 3. If the
commissioners find that the practices are not being maintained or
have been altered in violation of section 161A.7, subsection 3, the
commissioners shall issue an administrative order to the landowner
who made the unauthorized removal, alteration or modification to
maintain, repair, or reconstruct the permanent soil and water
conservation practices. The requirement for maintenance and repair
is for the length of life as defined in section 161A.7, subsection 3.
Public cost-sharing funds are not available for the work under this
order. If the landowner fails to comply with the administrative
order, the commissioners may petition the district court for an order
compelling compliance with the order. Upon receiving satisfactory
proof, the court shall issue an order directing compliance with the
administrative order and may modify the administrative order. The
provisions of section 161A.50 relating to notice, appeals, and
contempt of court shall apply to proceedings under this subsection.
Section History: Early Form
[C81, § 467A.61; 82 Acts, ch 1220, § 2]
Section History: Recent Form
87 Acts, ch 23, § 37, 38
C93, § 161A.61
2009 Acts, ch 41, §61
Referred to in § 161A.7
