Kan. Admin. Regs. § 11-1-8 - Conservation district program

Current through Register Vol. 40, No. 39, September 30, 2021

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.

Notes

Kan. Admin. Regs. § 11-1-8
Authorized by and implementing K.S.A. 2000 Supp. 2-1915, as amended by L. 2001, Ch. 64, Sec. 1; effective, T-88-18, July 1, 1987; effective May 1, 1988; amended Aug. 23, 2002.

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