Design, Layout and Construction of Proposed Practices; Operation and Maintenance

PURPOSE: This rule specifies technical aspects and certification, establishes responsibility of operation and maintenance, and provides a method of modifying projects and practices. (1) Technical Specifications. The commission shall rely on standards and specifications for soil and water conservation practices used by the United States Department of Agriculture Natural Resources Conservation Service as the basis for determining need and practicability of the proposed practice, preparing plans and specifications, designing and laying out the practices, and certifying the proper implementation of the practices. Modifications to the standards and specifications may be considered and authorized by the commission. Practice description and specification information will be available in the district office. (2) Inspections and Certifications. An approved technician shall inspect the work in progress to ensure that practice standards and specifications are met. Following the implementation, the technician will certify to the district that the practice was or was not properly implemented. If the district does not receive a technician’s certification that the practice was properly implemented, it shall not approve any claim to the commission for payment regarding the practice. (3) Operation and Maintenance by Landowner. The landowner shall be responsible for the operation and maintenance of all practices implemented with assistance from the CostShare Program and the landowner will be expected to maintain the practices in good operating condition to assure their continued effectiveness. (4) Requests for Removal, Alteration, or Modification of Practices. The commission may grant a district’s request for the removal, alteration, or modification of a practice at any time during the ten- (10-) year or expected life span, whichever is less, following payment of cost-share assistance. AUTHORITY: sections 278.070, 278.080, and 278.110, RSMo 2016.* Original rule filed Aug. 12, 1980, effective Jan. 1, 1981. Emergency amendment filed July 29, 2009, effective Aug. 8, 2009, expired Feb. 25, 2010. Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed May 23, 2018, effective Jan. 30, 2019. *Original authority: 278.070, RSMo 1943, amended 1961, 1969, 1980, 2008, 2009; 278.080, RSMo 1943, amended 1961, 1980, 1986, 1995, 2000, 2001; and 278.110, RSMo 1943, amended 1961, 1980.