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8400.1700 MAINTENANCE.

Subpart 1.

Land occupier maintenance responsibilities.

The land occupier is responsible for operation and maintenance of conservation practices applied under this program to ensure that their conservation objective is met and the effective life is achieved. Should the land occupier fail to maintain the conservation practices during their effective life, the land occupier is liable to the district for up to 150 percent of financial assistance received to install and establish the conservation practice. The land occupier is not liable for cost-share assistance received if the failure was caused by reasons beyond the land occupier's control, or if conservation practices are applied at the land occupier's expense which provide equivalent protection of the soil and water resources.

Subp. 2.

Reapplication of conservation practices.

In no case shall a district provide cost-share assistance to a land occupier for the reapplication of conservation practices which were removed by the land occupier during their effective life or that failed due to improper maintenance.

Statutory Authority:

MS s 40.036; 103C.501; 103F.531

History:

9 SR 2439; 20 SR 2185; 37 SR 1277

Published Electronically:

March 7, 2013