27—10.32(161A) Noncompliance.

1. 10.32(1)  Noncompliance with performance agreements. Rescinded IAB 7/18/07, effective 6/27/07.
2. 10.32(2)  Refunds for noncompliance with maintenance agreements to cost-share agreements entered prior to July 1, 1981. Rescinded IAB 7/18/07, effective 6/27/07.
3. 10.32(3)  Refunds for noncompliance with maintenance agreements entered between January 1, 1981, and July 1, 1982. Rescinded IAB 7/18/07, effective 6/27/07.

4. 10.32(4)  Noncompliance with maintenance/performance agreements. Upon determination by the district and the division that a landowner is not in compliance with a maintenance/performance agreement, the division shall assist the district in the issuance of an administrative order to the landowner requiring appropriate maintenance, repair or reconstruction of the practice, provided voluntary means have been exhausted. The district, in its sole discretion, may allow the landowner or the landowner’s successors to refund to the division the entire amount of the financial incentive payment received by the landowner in lieu of maintaining, repairing or reconstructing a practice.

   1. a. Within 60 days from the date of issue of the administrative order, the landowner shall submit to the district a written and signed statement of intent to maintain, repair or reconstruct the practice.
   2. b. The maintenance, repair or reconstruction work shall be initiated within 180 days from the date of issue of the administrative order and shall be satisfactorily completed within one year of the date of issue of the administrative order.

5. 10.32(5)  Agricultural land converted to nonagricultural land. If land subject to a maintenance/performance agreement is converted to a nonagricultural use that does not require a permanent soil and water conservation practice which has been established with financial incentives, the practice shall not be removed until the owner refunds the appropriate amount of the payment received.

   1. a. Amount of refund. The amount of refund will be the amount of the financial incentive payment received less 5 percent for each year the practice was in place.
   2. b. Districts will notify the division when such refunds are collected.
   3. c. Refunds will be made to the division. The division will deposit refunds to the appropriate district account. Use of the refunds will be limited to providing financial incentives under this chapter.