This text of Iowa § 161A.44 (Rules by commissioners — scope) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
The commissioners of each district shall, with approval of and within time limits set by
administrative order of the division, 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. A district may subsequently amend or repeal its regulations as it deems
necessary. The division shall review the soil loss limit regulations adopted by the districts
at least once every five years, and shall recommend changes in the regulations of a district
which the division 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 fa
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The commissioners of each district shall, with approval of and within time limits set by
administrative order of the division, 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. A district may subsequently amend or repeal its regulations as it deems
necessary. The division shall review the soil loss limit regulations adopted by the districts
at least once every five years, and shall recommend changes in the regulations of a district
which the division 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 division a lower soil loss limit should be applied to some land than
21 SOIL AND WATER CONSERVATION, §161A.46
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) Theemploymentoferosioncontrolpracticesasdefinedinsection161A.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,howeveronthoselandswhicharepronetoexcessivewinderosionthecommissioners
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.
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.