PURPOSE: This rule specifies technical aspects and certification, establishes responsibility of operation and maintenance and provides a method of modifying projects and practices.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Technical Specifications. Specifications for soil and water conservation practices set forth in the Soil Conservation Service Field Office Technical Guide are to be used as the basis for determining need and practicability of the proposed practice, for preparing plans and specifications, for designing and laying out the practices and for certifying the proper installation of the practices. Specifications for additional soil and water conservation practices not set forth in the Soil Conservation Services Field Office Technical Guide and modifications to those included in the technical guide may be considered and authorized by the commission at the request of the district. Practice description and specification information will be on file in the district office.
2. (2) Inspections and Certifications. A responsible technician shall inspect the work in progress to determine that specifications are met. Following the installations, it will be the responsibility of the technician to certify to the district that the practice was or was not properly installed. If the district does not receive a technician’s certification that the practice was properly installed, it shall not approve any claim to the commission for payment regarding the practice. In the event that any technician responsible for complying with any portion of the rule is different from the technician who originally certified the feasibility of the practices in the original conservation plan, and if the technician is other than an individual employed for those purposes by the district or the Soil Conservation Service, the qualifications of this technician shall be established to the satisfaction of the board before proceeding any further with the processing of any claim for payment.
3. (3) Operation and Maintenance by Landowner. Except as provided in section (4), the landowner shall be responsible for the operation and maintenance of all practices constructed with assistance from the Cost- Share Program and the landowner will be expected to maintain the same in good operating condition to assure their continued effectiveness for the purpose(s) for which they were installed.
4. (4) Operation and Maintenance by the District. If within the specified life span of the practice the district determines that landowner operation and maintenance responsibilities would constitute an undue burden upon the landowner, the district may assume responsibility for all or a part of the operation and maintenance and, prior to and as a condition for approval of a claim for payment for cost-share funds, as a condition of the cost-share assistance agreement under section (5), shall require the landowner to provide the district with the necessary easement or other land rights necessary to perform the operation or maintenance.
5. (5) Cost-Share Assistance Agreement. As a condition for receiving any cost-share funds for eligible practices, the landowner, before submission of a claim for reimbursement, shall enter into an agreement of maintenance on forms supplied by the commission. The provisions of the agreement shall state; if the practice is removed, altered or modified so as to lessen its effectiveness, without prior approval of the district, for a period of ten
6. (10) years or the expected life span of the practice, whichever is the lesser, after the date of receiving payment, the landowner or his/her heirs, assignees or other transferees, shall refund to the Cost-Share Program the prorated amount of the state cost-share payment previously received for the practice or portion of the practice which has been removed, altered or modified; and that if the district assumes maintenance responsibilities, right of access will be granted by the landowner. A copy of the agreement shall be recorded by the commission in the county where the land upon which the practices are constructed is located if the commission concurs with a board’s determination that there is a need for recording.
7. (6) Requests for Removal, Alteration, Modification of Practices. A landowner may request the district’s approval of the removal, alteration or modification of the practice at any time during the ten (10)-year or expected life span, whichever is lesser, following payment of cost-share assistance. In determining 10 CSR 70-5

whether to approve or disapprove the action, the district shall consider—

1. (A) The value of the practice in conserving soil and water resources;
2. (B) The extent to which the practice hinders the highest and best use of the land upon which the practice is located;
3. (C) Whether alternative soil and water conservation measures have been or are to be constructed or implemented; and
4. (D) The time remaining in the designed life of the practice.

AUTHORITY: Sections 278.070, 278.080 and 278.110, RSMo 1986.* Original rule filed Aug. 12, 1980, effective Jan. 1, 1981. Amended: Filed Dec. 14, 1982, effective April 11, 1983.

*Original authority: 278.070, RSMo 1943, amended 1961, 1969, 1980; 278.080, RSMo 1943, amended 1961, 1980, 1986; and 278.110, RSMo 1943, amended 1961, 1980.