161A.7 POWERS OF DISTRICTS AND COMMISSIONERS.
1. A soil and water conservation district organized under this
chapter has the following powers, in addition to others granted in
other sections of this chapter:
a. To conduct surveys, investigations, and research relating
to the character of soil erosion and erosion, floodwater, and
sediment damages, and the preventive and control measures needed, to
publish the results of such surveys, investigations or research, and
to disseminate information concerning such preventive and control
measures; provided, however, that in order to avoid duplication of
research activities, no district shall initiate any research program
except in cooperation with the Iowa agricultural experiment station
located at Ames, Iowa, and pursuant to a cooperative agreement
entered into between the Iowa agricultural experiment station and
such district.
b. To conduct demonstrational projects within the district on
lands owned or controlled by this state or any of its agencies, with
the consent and cooperation of the agency administering and having
jurisdiction thereof, and on any other lands within the district upon
obtaining the consent of the owner or occupier of such lands or the
necessary rights or interests in such lands, in order to demonstrate
by example the means, methods, and measures by which soil and soil
resources may be conserved, and soil erosion in the form of soil
blowing and soil washing may be prevented and controlled; provided,
however, that in order to avoid duplication of agricultural extension
activities, no district shall initiate any demonstrational projects,
except in cooperation with the Iowa agricultural extension service
whose offices are located at Ames, Iowa, and pursuant to a
cooperative agreement entered into between the Iowa agricultural
extension service and such district.
c. To carry out preventive and control measures within the
district, including but not limited to crop rotations, engineering
operations, methods of cultivation, the growing of vegetation,
changes in use of land, and the measures listed in section 161A.2, on
lands owned or controlled by this state or any of its agencies, with
the consent and cooperation of the agency administering and having
jurisdiction thereof, and on any other lands within the district,
upon obtaining the consent of the owner or occupier of such lands or
the necessary rights or interests in such lands. Any approval or
permits from the council required under other provisions of law shall
be obtained by the district prior to initiation of any construction
activity.
d. To cooperate, or enter into agreements with, and within
the limits of appropriations duly made available to it by law, to
furnish financial or other aid to any agency, governmental or
otherwise, or any owner or occupier of lands within the district, in
the carrying on of erosion-control and watershed protection and flood
prevention operations within the district, subject to such conditions
as the commissioners may deem necessary to advance the purposes of
this chapter.
e. To obtain options upon and to acquire, by purchase,
exchange, lease, gift, grant, bequest, devise or otherwise, any
property, real or personal, or rights or interests therein; to
maintain, administer, and improve any properties acquired, to receive
income from such properties and to expend such income in carrying out
the purposes and provisions of this chapter; and to sell, lease or
otherwise dispose of any of its property or interests therein in
furtherance of the purposes and provisions of this chapter.
f. To make available on such terms as it shall prescribe, to
landowners or occupiers within the district, agricultural and
engineering machinery and equipment, fertilizer, lime, and such other
material or equipment as will assist such landowners or occupiers to
carry on operations upon their lands for the conservation of soil
resources and for the prevention and control of soil erosion and for
the prevention of erosion, floodwater, and sediment damages.
g. To construct, improve, and maintain such structures as may
be necessary or convenient for the performance of any of the
operations authorized in this chapter. Any approval or permits from
the council required under other provisions of law shall be obtained
by the district prior to initiation of any construction activity.
h. To develop comprehensive plans for the conservation of
soil resources and for the control and prevention of soil erosion and
for the prevention of erosion, floodwater, and sediment damages
within the district, which plans shall specify in such detail as may
be possible, the acts, procedures, performances, and avoidances which
are necessary or desirable for the effectuation of such plans,
including the specification of engineering operations, methods of
cultivation, the growing of vegetation, cropping programs, tillage
practices, and changes in use of land; and to publish such plans and
information and bring them to the attention of owners and occupiers
of lands within the district.
i. To sue and be sued in the name of the district; to have a
seal, which seal shall be judicially noticed; to have perpetual
succession unless terminated as hereinafter provided; to make and
execute contracts and other instruments, necessary or convenient to
the exercise of its powers; to make, and from time to time amend and
repeal, rules not inconsistent with this chapter, to carry into
effect its purposes and powers.
j. To accept donations, gifts, and contributions in money,
services, materials, or otherwise, from the United States or any of
its agencies, or from this state or any of its agencies, and to use
or expend such moneys, services, materials, or other contributions in
carrying on its operations.
k. Subject to the approval of the state soil conservation
committee, to change the name of the soil and water conservation
district.
l. To provide for the restoration of permanent soil and water
conservation practices which are damaged or destroyed because of a
disaster emergency as provided in section 161A.75.
m. To encourage local school districts to provide instruction
in the importance of and in some of the basic methods of soil
conservation, as a part of course work relating to conservation of
natural resources and environmental awareness required in rules
adopted by the state board of education pursuant to section 256.11,
subsections 3 and 4, and to offer technical assistance to schools in
developing such instructional programs.
n. To develop a soil and water resource conservation plan for
the district.
(1) The district plan shall contain a comprehensive long-range
assessment of soil and surface water resources in the district
consistent with rules approved by the committee under section 161A.4.
In developing the plan the district may receive technical support
from the United States department of agriculture natural resources
conservation service and the county board of supervisors in the
county where the district is located. The division and the Iowa
cooperative extension service in agriculture and home economics may
provide technical support to the district. The support may include
but is not limited to the following:
(a) Assessing the condition of soil and surface water in the
district, including an evaluation of the type, amount, and quality of
soil and water, the threat of soil erosion and erosion, floodwater,
and sediment damages, and necessary preventative and control
measures.
(b) Developing methods to maintain or improve soil and water
condition.
(c) Cooperating with other state and federal agencies to carry
out this support.
(2) The title page of the district plan and a notification
stating where the plan may be reviewed shall be recorded with the
recorder in the county in which the district is located, and updated
as necessary, after the committee approves and the administrator of
the division signs the district plan. The commissioners shall
provide notice of the recording and may provide a copy of the
approved district plan to the county board of supervisors in the
county where the district is located. The district plan shall be
filed with the division as part of the state soil and water resource
conservation plan provided in section 161A.4.
o. To enter into agreements pursuant to chapter 161C with the
owner or occupier of land within the district or cooperating
districts, or any other private entity or public agency, in carrying
out water protection practices, including district and multidistrict
projects to protect this state's groundwater and surface water from
point and nonpoint sources of contamination, including but not
limited to agricultural drainage wells, sinkholes, sedimentation, and
chemical pollutants.
2. As a condition to the extending of any benefits under this
chapter to, or the performance of work upon, any lands not owned or
controlled by this state or any of its agencies, the commissioners
may require contributions in money, services, materials, or otherwise
to any operations conferring such benefits, and may require
landowners or occupiers to enter into and perform such agreements or
covenants as to the permanent use of such lands as will tend to
prevent or control erosion thereon.
3. The commissioners shall, as a condition for the receipt of any
state cost-sharing funds for permanent soil conservation practices,
require the owner of the land on which the practices are to be
established to covenant and file, in the office of the soil and water
conservation district of the county in which the land is located, an
agreement identifying the particular lands upon which the practices
for which state cost-sharing funds are to be received will be
established, and providing that the project will not be removed,
altered, or modified so as to lessen its effectiveness without the
consent of the commissioners, obtained in advance and based on
guidelines drawn up by the state soil conservation committee, for a
period of twenty years after the date of receiving payment. The
commissioners shall assist the division in the enforcement of this
subsection. The agreement does not create a lien on the land, but is
a charge personally against the owner of the land at the time of
removal, alteration, or modification if an administrative order is
made under section 161A.61, subsection 3.
4. No provisions with respect to the acquisition, operation, or
disposition of property by other public bodies shall be applicable to
a district organized hereunder unless the general assembly shall
specifically so state.
5. After the formation of any district under the provisions of
this chapter, all participation hereunder shall be purely voluntary,
except as specifically stated herein.
161A.7 POWERS OF DISTRICTS AND COMMISSIONERS.
1. A soil and water conservation district organized under this
chapter has the following powers, in addition to others granted in
other sections of this chapter:
a. To conduct surveys, investigations, and research relating
to the character of soil erosion and erosion, floodwater, and
sediment damages, and the preventive and control measures needed, to
publish the results of such surveys, investigations or research, and
to disseminate information concerning such preventive and control
measures; provided, however, that in order to avoid duplication of
research activities, no district shall initiate any research program
except in cooperation with the Iowa agricultural experiment station
located at Ames, Iowa, and pursuant to a cooperative agreement
entered into between the Iowa agricultural experiment station and
such district.
b. To conduct demonstrational projects within the district on
lands owned or controlled by this state or any of its agencies, with
the consent and cooperation of the agency administering and having
jurisdiction thereof, and on any other lands within the district upon
obtaining the consent of the owner or occupier of such lands or the
necessary rights or interests in such lands, in order to demonstrate
by example the means, methods, and measures by which soil and soil
resources may be conserved, and soil erosion in the form of soil
blowing and soil washing may be prevented and controlled; provided,
however, that in order to avoid duplication of agricultural extension
activities, no district shall initiate any demonstrational projects,
except in cooperation with the Iowa agricultural extension service
whose offices are located at Ames, Iowa, and pursuant to a
cooperative agreement entered into between the Iowa agricultural
extension service and such district.
c. To carry out preventive and control measures within the
district, including but not limited to crop rotations, engineering
operations, methods of cultivation, the growing of vegetation,
changes in use of land, and the measures listed in section 161A.2, on
lands owned or controlled by this state or any of its agencies, with
the consent and cooperation of the agency administering and having
jurisdiction thereof, and on any other lands within the district,
upon obtaining the consent of the owner or occupier of such lands or
the necessary rights or interests in such lands. Any approval or
permits from the council required under other provisions of law shall
be obtained by the district prior to initiation of any construction
activity.
d. To cooperate, or enter into agreements with, and within
the limits of appropriations duly made available to it by law, to
furnish financial or other aid to any agency, governmental or
otherwise, or any owner or occupier of lands within the district, in
the carrying on of erosion-control and watershed protection and flood
prevention operations within the district, subject to such conditions
as the commissioners may deem necessary to advance the purposes of
this chapter.
e. To obtain options upon and to acquire, by purchase,
exchange, lease, gift, grant, bequest, devise or otherwise, any
property, real or personal, or rights or interests therein; to
maintain, administer, and improve any properties acquired, to receive
income from such properties and to expend such income in carrying out
the purposes and provisions of this chapter; and to sell, lease or
otherwise dispose of any of its property or interests therein in
furtherance of the purposes and provisions of this chapter.
f. To make available on such terms as it shall prescribe, to
landowners or occupiers within the district, agricultural and
engineering machinery and equipment, fertilizer, lime, and such other
material or equipment as will assist such landowners or occupiers to
carry on operations upon their lands for the conservation of soil
resources and for the prevention and control of soil erosion and for
the prevention of erosion, floodwater, and sediment damages.
g. To construct, improve, and maintain such structures as may
be necessary or convenient for the performance of any of the
operations authorized in this chapter. Any approval or permits from
the council required under other provisions of law shall be obtained
by the district prior to initiation of any construction activity.
h. To develop comprehensive plans for the conservation of
soil resources and for the control and prevention of soil erosion and
for the prevention of erosion, floodwater, and sediment damages
within the district, which plans shall specify in such detail as may
be possible, the acts, procedures, performances, and avoidances which
are necessary or desirable for the effectuation of such plans,
including the specification of engineering operations, methods of
cultivation, the growing of vegetation, cropping programs, tillage
practices, and changes in use of land; and to publish such plans and
information and bring them to the attention of owners and occupiers
of lands within the district.
i. To sue and be sued in the name of the district; to have a
seal, which seal shall be judicially noticed; to have perpetual
succession unless terminated as hereinafter provided; to make and
execute contracts and other instruments, necessary or convenient to
the exercise of its powers; to make, and from time to time amend and
repeal, rules not inconsistent with this chapter, to carry into
effect its purposes and powers.
j. To accept donations, gifts, and contributions in money,
services, materials, or otherwise, from the United States or any of
its agencies, or from this state or any of its agencies, and to use
or expend such moneys, services, materials, or other contributions in
carrying on its operations.
k. Subject to the approval of the state soil conservation
committee, to change the name of the soil and water conservation
district.
l. To provide for the restoration of permanent soil and water
conservation practices which are damaged or destroyed because of a
disaster emergency as provided in section 161A.75.
m. To encourage local school districts to provide instruction
in the importance of and in some of the basic methods of soil
conservation, as a part of course work relating to conservation of
natural resources and environmental awareness required in rules
adopted by the state board of education pursuant to section 256.11,
subsections 3 and 4, and to offer technical assistance to schools in
developing such instructional programs.
n. To develop a soil and water resource conservation plan for
the district.
(1) The district plan shall contain a comprehensive long-range
assessment of soil and surface water resources in the district
consistent with rules approved by the committee under section 161A.4.
In developing the plan the district may receive technical support
from the United States department of agriculture natural resources
conservation service and the county board of supervisors in the
county where the district is located. The division and the Iowa
cooperative extension service in agriculture and home economics may
provide technical support to the district. The support may include
but is not limited to the following:
(a) Assessing the condition of soil and surface water in the
district, including an evaluation of the type, amount, and quality of
soil and water, the threat of soil erosion and erosion, floodwater,
and sediment damages, and necessary preventative and control
measures.
(b) Developing methods to maintain or improve soil and water
condition.
(c) Cooperating with other state and federal agencies to carry
out this support.
(2) The title page of the district plan and a notification
stating where the plan may be reviewed shall be recorded with the
recorder in the county in which the district is located, and updated
as necessary, after the committee approves and the administrator of
the division signs the district plan. The commissioners shall
provide notice of the recording and may provide a copy of the
approved district plan to the county board of supervisors in the
county where the district is located. The district plan shall be
filed with the division as part of the state soil and water resource
conservation plan provided in section 161A.4.
o. To enter into agreements pursuant to chapter 161C with the
owner or occupier of land within the district or cooperating
districts, or any other private entity or public agency, in carrying
out water protection practices, including district and multidistrict
projects to protect this state's groundwater and surface water from
point and nonpoint sources of contamination, including but not
limited to agricultural drainage wells, sinkholes, sedimentation, and
chemical pollutants.
2. As a condition to the extending of any benefits under this
chapter to, or the performance of work upon, any lands not owned or
controlled by this state or any of its agencies, the commissioners
may require contributions in money, services, materials, or otherwise
to any operations conferring such benefits, and may require
landowners or occupiers to enter into and perform such agreements or
covenants as to the permanent use of such lands as will tend to
prevent or control erosion thereon.
3. The commissioners shall, as a condition for the receipt of any
state cost-sharing funds for permanent soil conservation practices,
require the owner of the land on which the practices are to be
established to covenant and file, in the office of the soil and water
conservation district of the county in which the land is located, an
agreement identifying the particular lands upon which the practices
for which state cost-sharing funds are to be received will be
established, and providing that the project will not be removed,
altered, or modified so as to lessen its effectiveness without the
consent of the commissioners, obtained in advance and based on
guidelines drawn up by the state soil conservation committee, for a
period of twenty years after the date of receiving payment. The
commissioners shall assist the division in the enforcement of this
subsection. The agreement does not create a lien on the land, but is
a charge personally against the owner of the land at the time of
removal, alteration, or modification if an administrative order is
made under section 161A.61, subsection 3.
4. No provisions with respect to the acquisition, operation, or
disposition of property by other public bodies shall be applicable to
a district organized hereunder unless the general assembly shall
specifically so state.
5. After the formation of any district under the provisions of
this chapter, all participation hereunder shall be purely voluntary,
except as specifically stated herein.
161A.7 POWERS OF DISTRICTS AND COMMISSIONERS.
1. A soil and water conservation district organized under this
chapter has the following powers, in addition to others granted in
other sections of this chapter:
a. To conduct surveys, investigations, and research relating
to the character of soil erosion and erosion, floodwater, and
sediment damages, and the preventive and control measures needed, to
publish the results of such surveys, investigations or research, and
to disseminate information concerning such preventive and control
measures; provided, however, that in order to avoid duplication of
research activities, no district shall initiate any research program
except in cooperation with the Iowa agricultural experiment station
located at Ames, Iowa, and pursuant to a cooperative agreement
entered into between the Iowa agricultural experiment station and
such district.
b. To conduct demonstrational projects within the district on
lands owned or controlled by this state or any of its agencies, with
the consent and cooperation of the agency administering and having
jurisdiction thereof, and on any other lands within the district upon
obtaining the consent of the owner or occupier of such lands or the
necessary rights or interests in such lands, in order to demonstrate
by example the means, methods, and measures by which soil and soil
resources may be conserved, and soil erosion in the form of soil
blowing and soil washing may be prevented and controlled; provided,
however, that in order to avoid duplication of agricultural extension
activities, no district shall initiate any demonstrational projects,
except in cooperation with the Iowa agricultural extension service
whose offices are located at Ames, Iowa, and pursuant to a
cooperative agreement entered into between the Iowa agricultural
extension service and such district.
c. To carry out preventive and control measures within the
district, including but not limited to crop rotations, engineering
operations, methods of cultivation, the growing of vegetation,
changes in use of land, and the measures listed in section 161A.2, on
lands owned or controlled by this state or any of its agencies, with
the consent and cooperation of the agency administering and having
jurisdiction thereof, and on any other lands within the district,
upon obtaining the consent of the owner or occupier of such lands or
the necessary rights or interests in such lands. Any approval or
permits from the council required under other provisions of law shall
be obtained by the district prior to initiation of any construction
activity.
d. To cooperate, or enter into agreements with, and within
the limits of appropriations duly made available to it by law, to
furnish financial or other aid to any agency, governmental or
otherwise, or any owner or occupier of lands within the district, in
the carrying on of erosion-control and watershed protection and flood
prevention operations within the district, subject to such conditions
as the commissioners may deem necessary to advance the purposes of
this chapter.
e. To obtain options upon and to acquire, by purchase,
exchange, lease, gift, grant, bequest, devise or otherwise, any
property, real or personal, or rights or interests therein; to
maintain, administer, and improve any properties acquired, to receive
income from such properties and to expend such income in carrying out
the purposes and provisions of this chapter; and to sell, lease or
otherwise dispose of any of its property or interests therein in
furtherance of the purposes and provisions of this chapter.
f. To make available on such terms as it shall prescribe, to
landowners or occupiers within the district, agricultural and
engineering machinery and equipment, fertilizer, lime, and such other
material or equipment as will assist such landowners or occupiers to
carry on operations upon their lands for the conservation of soil
resources and for the prevention and control of soil erosion and for
the prevention of erosion, floodwater, and sediment damages.
g. To construct, improve, and maintain such structures as may
be necessary or convenient for the performance of any of the
operations authorized in this chapter. Any approval or permits from
the council required under other provisions of law shall be obtained
by the district prior to initiation of any construction activity.
h. To develop comprehensive plans for the conservation of
soil resources and for the control and prevention of soil erosion and
for the prevention of erosion, floodwater, and sediment damages
within the district, which plans shall specify in such detail as may
be possible, the acts, procedures, performances, and avoidances which
are necessary or desirable for the effectuation of such plans,
including the specification of engineering operations, methods of
cultivation, the growing of vegetation, cropping programs, tillage
practices, and changes in use of land; and to publish such plans and
information and bring them to the attention of owners and occupiers
of lands within the district.
i. To sue and be sued in the name of the district; to have a
seal, which seal shall be judicially noticed; to have perpetual
succession unless terminated as hereinafter provided; to make and
execute contracts and other instruments, necessary or convenient to
the exercise of its powers; to make, and from time to time amend and
repeal, rules not inconsistent with this chapter, to carry into
effect its purposes and powers.
j. To accept donations, gifts, and contributions in money,
services, materials, or otherwise, from the United States or any of
its agencies, or from this state or any of its agencies, and to use
or expend such moneys, services, materials, or other contributions in
carrying on its operations.
k. Subject to the approval of the state soil conservation
committee, to change the name of the soil and water conservation
district.
l. To provide for the restoration of permanent soil and water
conservation practices which are damaged or destroyed because of a
disaster emergency as provided in section 161A.75.
m. To encourage local school districts to provide instruction
in the importance of and in some of the basic methods of soil
conservation, as a part of course work relating to conservation of
natural resources and environmental awareness required in rules
adopted by the state board of education pursuant to section 256.11,
subsections 3 and 4, and to offer technical assistance to schools in
developing such instructional programs.
n. To develop a soil and water resource conservation plan for
the district.
(1) The district plan shall contain a comprehensive long-range
assessment of soil and surface water resources in the district
consistent with rules approved by the committee under section 161A.4.
In developing the plan the district may receive technical support
from the United States department of agriculture natural resources
conservation service and the county board of supervisors in the
county where the district is located. The division and the Iowa
cooperative extension service in agriculture and home economics may
provide technical support to the district. The support may include
but is not limited to the following:
(a) Assessing the condition of soil and surface water in the
district, including an evaluation of the type, amount, and quality of
soil and water, the threat of soil erosion and erosion, floodwater,
and sediment damages, and necessary preventative and control
measures.
(b) Developing methods to maintain or improve soil and water
condition.
(c) Cooperating with other state and federal agencies to carry
out this support.
(2) The title page of the district plan and a notification
stating where the plan may be reviewed shall be recorded with the
recorder in the county in which the district is located, and updated
as necessary, after the committee approves and the administrator of
the division signs the district plan. The commissioners shall
provide notice of the recording and may provide a copy of the
approved district plan to the county board of supervisors in the
county where the district is located. The district plan shall be
filed with the division as part of the state soil and water resource
conservation plan provided in section 161A.4.
o. To enter into agreements pursuant to chapter 161C with the
owner or occupier of land within the district or cooperating
districts, or any other private entity or public agency, in carrying
out water protection practices, including district and multidistrict
projects to protect this state's groundwater and surface water from
point and nonpoint sources of contamination, including but not
limited to agricultural drainage wells, sinkholes, sedimentation, and
chemical pollutants.
2. As a condition to the extending of any benefits under this
chapter to, or the performance of work upon, any lands not owned or
controlled by this state or any of its agencies, the commissioners
may require contributions in money, services, materials, or otherwise
to any operations conferring such benefits, and may require
landowners or occupiers to enter into and perform such agreements or
covenants as to the permanent use of such lands as will tend to
prevent or control erosion thereon.
3. The commissioners shall, as a condition for the receipt of any
state cost-sharing funds for permanent soil conservation practices,
require the owner of the land on which the practices are to be
established to covenant and file, in the office of the soil and water
conservation district of the county in which the land is located, an
agreement identifying the particular lands upon which the practices
for which state cost-sharing funds are to be received will be
established, and providing that the project will not be removed,
altered, or modified so as to lessen its effectiveness without the
consent of the commissioners, obtained in advance and based on
guidelines drawn up by the state soil conservation committee, for a
period of twenty years after the date of receiving payment. The
commissioners shall assist the division in the enforcement of this
subsection. The agreement does not create a lien on the land, but is
a charge personally against the owner of the land at the time of
removal, alteration, or modification if an administrative order is
made under section 161A.61, subsection 3.
4. No provisions with respect to the acquisition, operation, or
disposition of property by other public bodies shall be applicable to
a district organized hereunder unless the general assembly shall
specifically so state.
5. After the formation of any district under the provisions of
this chapter, all participation hereunder shall be purely voluntary,
except as specifically stated herein.
