Each participating district board of supervisors shall develop
and submit to the commission for approval, upon commission-prescribed forms,
the district's fiscal year financial assistance program under the following
provisions:
(a) The district shall develop the program after receiving the
state program forms and a list of eligible practices from the commission.
(b) Each participating district shall develop annual financial
assistance prioritization criteria following commission guidelines, upon which
the district shall base its considerations for cost-sharing.
(c) In the installation of any eligible practices, the
landowner shall be solely responsible for assuring compliance with any
applicable federal, state, or local laws, ordinances, and regulations.
The landowner also shall be solely responsible for obtaining
all permits, licenses, or other instruments of permission required before the
installation of the proposed practice.
(d) Unless a special allowance is granted by the commission,
the minimum standards of design, construction, operation, and maintenance
specified in section IV of the "Kansas field office technical guide," as
adopted by reference in
K.A.R. 11-7-14 and the other standards adopted by the
commission in
K.A.R. 11-7-14 shall be the basis for determining the need and
practicability of the proposed practice. Specifications for additional soil and
water conservation and water quality pollution control practices not set forth
in section IV of the "Kansas 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 descriptions and
specification information shall be on file in the district office.
(e) A responsible technician or a qualified representative of
the district, as determined by the district board of supervisors, shall inspect
the work in progress to determine that all specifications are met. Following
each installation, the district shall certify to the commission that the
practice was properly installed.
(f) Financial assistance levels set by the district shall not
exceed 70% of the actual cost or the countywide average cost, whichever is
less, and shall not change during the fiscal year unless a specific allowance
is granted by the commission.
(g) The maximum amount of financial assistance allowed for each
practice, except $20,000 for livestock waste systems and irrigation systems,
shall be $10,000 unless exempted by the commission.
(h) Each district shall submit to the commission, in writing,
all amendments to the district program for commission approval or disapproval.
The only permissible amendments shall be the following:
(1) Changes in district representatives authorized to sign
cost-share forms;
(2) the addition of conservation practices within the current
year; and
(3) county average costs under exceptional circumstances.
