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8400.3030 DEFINITIONS.

Subpart 1.

Scope.

The definitions in this part apply to parts 8400.3000 to 8400.3930.

Subp. 2.

Agricultural crop production.

"Agricultural crop production" means an agricultural activity:

A.

including but not limited to tillage, planting, or harvesting operations; and

B.

devoted to the production of horticultural, row, close grown, introduced pasture, or introduced hayland crops.

Subp. 3.

[Repealed, 14 SR 1928]

Subp. 3a.

Agricultural land.

"Agricultural land" means land devoted for use as pasture or hayland for domestic livestock or dairy animals, or to agricultural crop production, or to growing nursery stocks, or for use as animal feedlots, and may include contiguous land associated with these uses.

Subp. 4.

Annual plan.

"Annual plan" means a plan prepared by the district under Minnesota Statutes, section 103C.331, subdivision 11, and according to the most recent version of the Guidelines for Soil and Water Conservation District Comprehensive and Annual Plans published by the state board. That publication is subject to periodic change. The current version is available at the district office and state board office and is incorporated by reference.

Subp. 5.

Approved practice.

"Approved practice" means a soil and water conservation practice or wildlife habitat enhancement that may be established on an easement area and is described in the easement program practice specifications.

Subp. 6.

[Repealed, 37 SR 1277]

Subp. 6a.

[Repealed, 37 SR 1277]

Subp. 7.

[Repealed, 14 SR 1928]

Subp. 8.

[Repealed, 19 SR 550]

Subp. 9.

Conservation agreement.

"Conservation agreement" means a written contract stating the terms and conditions for conveying a conservation easement by the landowner to the state.

Subp. 10.

Conservation easement.

"Conservation easement" has the meaning given for "conservation easement" in Minnesota Statutes, section 84C.01, paragraph (1).

Subp. 10a.

[Repealed, 37 SR 1277]

Subp. 10b.

Conservation easement program.

"Conservation easement program" refers to both the RIM reserve program, as defined in subpart 42, and the permanent wetlands preserve program, as defined in subpart 36a.

Subp. 11.

Conservation plan.

"Conservation plan" means a written description and map of the approved practices that must be applied to or that already exist on the easement area.

Subp. 11a.

Cost-shared practice.

"Cost-shared practice" means an approved practice which qualifies for cost-sharing through a conservation easement program administered by the state board.

Subp. 12.

[Repealed, 19 SR 550]

Subp. 13.

[Repealed, 19 SR 550]

Subp. 14.

District.

"District" means a soil and water conservation district organized under Minnesota Statutes, chapter 103C.

Subp. 15.

District board.

"District board" means the board of supervisors of a soil and water conservation district organized under Minnesota Statutes, chapter 103C.

Subp. 16.

[Repealed, 19 SR 550]

Subp. 17.

District technical representative.

"District technical representative" means a district employee or other designee assigned by the district who has expertise in the design and application of approved practices.

Subp. 17a.

Drained wetland.

"Drained wetland" means a former natural wetland that has been altered by draining, dredging, filling, leveling, or other manipulation sufficient to reduce its natural function.

Subp. 17b.

Easement program practice specifications.

"Easement program practice specifications" means the detailed descriptions of the approved practices that are allowed on lands enrolled in the conservation easement programs.

Subp. 18.

[Repealed, 19 SR 550]

Subp. 19.

[Repealed, 37 SR 1277]

Subp. 20.

[Repealed, 37 SR 1277]

Subp. 20a.

[Repealed, 37 SR 1277]

Subp. 20b.

Farmed wetland.

"Farmed wetland" means a wetland, as defined in subpart 48, that has been devoted to agricultural crop production, as defined in subpart 2, since December 23, 1985.

Subp. 21.

[Repealed, 19 SR 550]

Subp. 22.

[Repealed, 19 SR 550]

Subp. 23.

Food plot.

"Food plot" means an area established for the purpose of providing food for wildlife.

Subp. 24.

[Repealed, 37 SR 1277]

Subp. 25.

[Repealed, 37 SR 1277]

Subp. 26.

[Repealed, 37 SR 1277]

Subp. 27.

Individual.

Individual" means a person or legal entity, whether or not a resident of Minnesota.

Subp. 28.

[Repealed, 37 SR 1277]

Subp. 29.

Introduced hayland.

"Introduced hayland" means an area devoted to the production of forage that has been cultivated in a rotation of row crops or small grains or interseeded with introduced or native species at least twice during the ten years prior to applying for enrollment in a conservation easement program. These areas must have been harvested by mechanical methods at least two years during the five years prior to applying for enrollment in a conservation easement program.

Subp. 30.

Introduced pasture.

"Introduced pasture" means an area devoted to the production of forage that has been cultivated in a rotation of row crops or small grains or interseeded with introduced or native species at least twice during the ten years prior to applying for enrollment in a conservation easement program. These areas must have been harvested by grazing at least two years during the five years prior to applying for enrollment in a conservation easement program.

Subp. 31.

Landowner.

"Landowner" means an individual or entity that is not prohibited from owning agricultural land under Minnesota Statutes, section 500.24, and who either owns eligible land or is purchasing eligible land under a contract for deed in Minnesota.

Subp. 31a.

Land with crop history.

"Land with crop history" means land that has produced horticultural, row, or close grown crops or that has been enrolled at a cropland rate in a federal or state conservation program at least two of the five years prior to applying for enrollment in a conservation easement program, or land that meets the definition of introduced hayland in subpart 29, or land that meets the definition of introduced pasture in subpart 30. For the purposes of parts 8400.3000 to 8400.3930, land with crop history includes acres devoted to "set aside" or "conserving use" for the United States Department of Agriculture programs.

Subp. 32.

[Repealed, 37 SR 1277]

Subp. 33.

Marginal agricultural land.

"Marginal agricultural land" means land that is:

A.

composed of class IIIe, IVe, V, VI, VII, or VIII land as identified in the land capability classification system of the United States Department of Agriculture; or

B.

similar to land described under item A and identified under a land classification system selected by the board.

Subp. 33a.

Pasture.

"Pasture" means land used for grazing by domestic livestock and land which is not considered land with crop history as defined in subpart 31a.

Subp. 33b.

Pastured hillside.

"Pastured hillside" means land on a hillside that is used for pasture as defined in subpart 33a or used for introduced pasture as defined in subpart 30.

Subp. 34.

[Repealed, 19 SR 550]

Subp. 35.

[Repealed, 19 SR 550]

Subp. 36.

Perennial cover.

"Perennial cover" means the water area created by restoring a drained wetland or the perennial vegetation established under a conservation easement program, or the perennial vegetation or the water or wetland areas that already exist on the easement area.

Subp. 36a.

Permanent wetlands preserve program.

"Permanent wetlands preserve program" means the program established under Minnesota Statutes, section 103F.516.

Subp. 37.

[Repealed, 19 SR 550]

Subp. 38.

[Repealed, 19 SR 550]

Subp. 39.

[Repealed, 19 SR 550]

Subp. 39a.

Public waters.

"Public waters" means waters as defined in Minnesota Statutes, section 103G.005, subdivision 15, and inventoried under Minnesota Statutes, section 103G.201. A copy of the inventory is available in the district office.

Subp. 39b.

Public waters wetlands.

"Public waters wetlands" means wetlands as defined in Minnesota Statutes, section 103G.005, subdivision 15a.

Subp. 39c.

[Repealed, 37 SR 1277]

Subp. 40.

[Repealed, 37 SR 1277]

Subp. 41.

[Repealed, 19 SR 550]

Subp. 42.

RIM reserve program.

"RIM reserve program" means the program established in Minnesota Statutes, section 103F.515.

Subp. 42a.

Riparian land.

"Riparian land" means land adjacent to public waters, drainage systems, wetlands, or locally designated priority waters.

Subp. 43.

Screening committee.

"Screening committee" means a group established by the district board to assist in implementing the conservation easement programs. The screening committee is chaired by a district board member and is composed of representatives of private, state, and local organizations or clubs, and local, state, and federal agencies with an interest in the conservation easement programs.

Subp. 43a.

Sensitive groundwater area.

"Sensitive groundwater area" means a geographic area defined by natural features where there is a significant risk of groundwater degradation from activities conducted at or near the land surface. These areas may be identified by mapping or other appropriate methods determined by the commissioner of natural resources and the state board. Wellhead protection areas and land that is adjacent and draining to a sinkhole may be designated as a sensitive groundwater area.

Subp. 44.

[Repealed, 37 SR 1277]

Subp. 45.

Soil and water conservation practice.

"Soil and water conservation practice" means structural or vegetative practices applied to land for the purposes of controlling soil erosion, sediment, agricultural nutrients or waste, or other water pollutants.

Subp. 46.

[Repealed, 37 SR 1277]

Subp. 47.

[Repealed, 14 SR 1928]

Subp. 47a.

State board.

"State board" means the Board of Water and Soil Resources.

Subp. 48.

Wetland.

"Wetland" means wetlands as defined in Minnesota Statutes, section 103G.005, subdivision 19.

Statutory Authority:

MS s 40.45; 103C.501; 103F.531

History:

13 SR 1055; 14 SR 1928; 19 SR 550; L 1996 c 462 s 43; 37 SR 1277

Published Electronically:

March 7, 2013