§ 161A.42 — Definitions

Iowa § 161A.42

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 161A: SOIL AND WATER CONSERVATION

Text

In addition to the definitions established by section 161A.3, as used in this subchapter,
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. “Cost-share” or “cost-sharing” means a contribution of money made by the state
19 SOIL AND WATER CONSERVATION, §161A.42
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.
4. “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
losslimitsfromthesiteof,orlanddirectlyaffectedby,theconstructionofanypublicorprivate
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.
5. “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.
6. “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, 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.
7. “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.
8. “Professional forester” means a forestry graduate of an institution of higher learning,
who has a minimum of two years of forest management experience.
9. “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. “Permanentsoilandwaterconservationpractices”meansplantingofperennialgrasses,
legumes, shrubs, or trees, the establishment of grassed waterways, and the construction of
terraces, or other permanent soil and water practices approved by the division.
b. “Temporarysoilandwaterconservationpractices”meansplantingofannualorbiennial
crops, use of strip-cropping, contour planting, or minimum or mulch tillage, and any other
cultural practices approved by the division.
10. “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.
§161A.42, SOIL AND WATER CONSERVATION 20
11. “State forester” means a person employed by the department of natural resources as
required by section 456A.13.

Legislative History

[C73, 75, 77, 79, 81, §467A.42]