Mo. Code Regs. tit. 10 § 70-5.020

Current through Register Vol. 49, No. 24, December 16, 2024

Section 10 CSR 70-5.020 - Application and Eligibility for Funds

PURPOSE: This rule establishes criteria and methods of application for persons desiring funds from the Missouri Soil and Water Conservation Cost-Share Program.

(1) Establishing Practice Eligibility. The commission establishes a list of eligible practices for which cost-share funds are available and affirms or modifies the list as it considers appropriate. The participating districts shall develop annual priority listings of preferred practices from the commission eligibility list upon which they will base their considerations for cost-share. Landowners are eligible for cost-share funds for only the practices designated as eligible by both the Soil and Water Districts Commission and the participating districts. No eligible practices are available to treat flood scouring problems.

(2) Application for Assistance. To be eligible for assistance from the Cost-Share Program, a landowner must apply for cost-share on forms provided by the commission. Copies of these forms are available at district offices. The district board will only act upon those applications for cost-share from landowners who have a conservation plan approved by the district for eligible practices in which implementation has not yet begun. However, governmental agencies, political subdivisions, and public institutions are excluded from participation in the Cost-Share Program.

(3) Funding Determination and Limits. It is the responsibility and duty of the district board to determine the actual dollar amount of cost-share for individual applications. In the event that the landowner wishes to construct or implement practices over and above the size or scope determined by a qualified technician to be of minimum and necessary need for soil and water conservation, the board shall pro- vide cost-share assistance on only that part of the practice necessary for soil and water conservation purposes.

(4) Availability of Federal Funds. State cost-share assistance is avail- able for practice units applied for but not approved by the federal pro- gram, if those additional units constitute a complete structure, conservation measure, or operation in and of themselves. State cost- share assistance may also supplement federal cost-share on an individual practice.

(5) Compliance with Applicable Law. In the implementation of any eligible practices, the landowner is responsible for assuring compliance with any applicable federal, state or local laws, ordinances, and regulations. The landowner is also responsible for obtaining all permits, licenses, or other instruments of permission required prior to the implementation of the proposed practice.

(6) Group Projects. Landowners may cooperate with other landowners in the event that the most appropriate solution to the soil and water conservation needs requires eligible practices to be located on or across property lines of different landowners. In these cases, an agreement between or among cooperating landowners must be pre- pared by or on behalf of the group stipulating and providing for, but not limited to, the divisions of unshared costs, maintenance, such easements as necessary to accomplish the implementation, operation, and maintenance of the practice and the sharing of rights and benefits over and above the public benefits which might accrue from the implementation of the practice. This agreement and an area conservation plan may be submitted to the district(s) within which the land included in the plans lies. Upon approval of the area conservation plan by the district(s), the individual landowners are eligible to apply for cost-share assistance under this rule. The area conservation plan may serve in lieu of the individual landowner conservation plans. All other requirements for application and cost-share assistance remain in effect.

(7) Special Projects. Upon notification of available funds for special critical-needs projects designated by the commission, the district board shall make all reasonable efforts to contact landowners within the special project area to inform them of the available cost-share funds and encourage them to cooperate in the special critical-needs projects. Landowners within the project boundaries may apply for the special cost-share assistance on practices specified as eligible by the commission. Cooperation in these special projects is entirely voluntary for landowners.

(8) Termination Date. All applications shall specify a termination date for completion of the conservation practice . Claims for payment received after the termination date shall not be honored unless an amendment for an extension is approved by the boar d. Amendments for extensions can be authorized for an adequate period of time determined by the board to be reasonable and fair to the landowner.

(9) Application Amendments. A copy of any amendments will be furnished to each party receiving a copy of the original application. The board shall approve each amendment required by the commission before it becomes effective. The commission will provide guidance regarding appropriate reasons for amendments.

10 CSR 70-5.020

AUTHORITY: sections 278.070.4 and 278.110.8, RSMo 1994 and 278.080.1 and 278.080.5(8), RSMo Supp. 1998.* Original rule filed Aug. 12, 1980, effective 1/1/1981. Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed Oct. 13, 1983, effective 2/13/1984. Amended: Filed Sept. 4, 1985, effective 2/13/1986. Amended: Filed Jan. 15, 1986, effective 4/25/1986. Amended: Filed Aug. 25, 1986, effective 1/30/1987. Amended: Filed Oct. 2, 1986, effective 1/30/1987. Amended: Filed Feb. 24, 1987, effective 7/23/1987. Amended: Filed July 31, 1987, effective 12/1/1987. Amended: Filed Jan. 25, 1988, effective 4/28/1988. Amended: Filed April 1, 1988, effective July 11, 1988. Amended: Filed June 28, 1996, effective 2/28/1997. Emergency amendment filed July 29, 2009, effective 8/8/2009, expired 2/25/2010. Amended: Filed March 10, 1999, effective 10/30/1999.

Amended by Missouri Register December 3, 2018/Volume 43, Number 23, effective 1/29/2019

*Original authority: 278.070, RSMo 1943, amended 1961, 1969, 1980; 278.080, RSMo 1943, amended 1961, 1980, 1986, 1995; and 278.110, RSMo 1943, amended 1961, 1980.