Cost share monies from the
state
The department may
be available to assist landowners in
installing needed best management practices which abate
animal manure pollution, soil erosion or
degradation of the waters of the state by residual farm
products, manure, or soil sediment,
including pollutants attached thereto. Best
management practices specified as eligible for cost sharing must require
expenditures that are likely to exceed the economic returns to the owner or
operator.
(A) The department
may offer to share the cost of establishing eligible best management practices
up to
thirty
fifty thousand dollars per person per year. If other
public funds are involved in cost sharing to establish an eligible best
management practice or practices, state funds can be used only to the extent
that the combined public funds amount to no more than seventy-five per cent of
the cost of establishing the best management practice or practices, or not more
than
thirty
fifty thousand dollars per person per year, whichever
is smaller. The maximum of
thirty
fifty thousand dollars of public funds per person per
year limit may be waived by majority vote of the Ohio soil and water
conservation commission.
(1) Eligible
practices include but are not limited to:
(a)
Animal manure storage and treatment systems;
(b) Settling basins and filter
strips;
(c)(b) Critical area
seeding and fencing;
(d)(c) Off stream watering
and stream crossing stabilization;
(e)(d) Roofing and
gutters;
(f)(e) Water
diversions;
(g)(f) Grass
waterways;
(h)(g) Water and sediment
control basins;
(i)(h) Erosion control
structures;
(j)(i) Wetland treatment
facilities;
(k)(j) Composting
facilities;
(l)(k) Access
roads;
(m)(l) Heavy use
protection pad;
(n)(m) Drainage water
management structures; and
(o)(n) Other practices as
approved by the Ohio soil and water conservation commission.
(2) Restrictions on use of cost
share funds include:
(a)
Cost sharing shall be available for previously
installed eligible practices which have lost their effectiveness through
natural causes. However, cost sharing will not be available for previously
installed eligible practices which have lost their effectiveness due to
operator negligence or mismanagement.
Eligible
practices which, through natural causes, have lost their effectiveness, shall
qualify for further financial assistance. However, cost share monies will not
be awarded to reestablish previously installed practices which have
deteriorated due to operator negligence or mismanagement.
(b) Surface mined lands and oil and gas well
drilling areas must have been reclaimed and
currently
used
be in
active agricultural production
uses as determined by the director or the
director's designee in order to be eligible for cost sharing on needed
conservation practices.
(c) The
director or the director's designee may only use cost share funds for those
practices necessary to control agricultural pollution. Eligibility consists of
those pollution control practices needed to directly control animal manure
discharges and/or soil erosion exceeding
permissible
soil loss
"T" in order to meet
standards outlined in this chapter.
(d) Cost share funds will be
available only to owners and operators with a current operation and management
plan.
(d)
Eligible best management practices for cost sharing
must require expenditures that are likely to exceed the economic returns to the
owner or operator.
(e)
All practices must meet the standards and
specifications listed in the "Field Office Technical Guide," or other methods
approved by the director or the director's designee.
(3) The director, subject to approval of the
Ohio soil and water conservation commission, shall determine best management
practices eligible for cost sharing, percentage rates of cost sharing for each
best management practice and the maximum amount of cost sharing for each best
management practice up to a maximum of
thirty
fifty thousand
dollars.
Information about eligible practices will
be maintained by the department and included in updates of its administrative
procedures handbook available in district offices.
(4)
If approved by
the director or the director's designee, a person may use a more elaborate or
expensive practice; however, cost-share grants shall be based upon the
estimated cost of the least expensive acceptable practice.
(B) All practices must meet the
standards and specifications listed in the "Field Office Technical Guide", or
other methods approved by the director or the director's
designee.
(C) If approved by the director or
the director's designee, a person may use a more elaborate or expensive
practice; however, cost-share grants shall be based upon the estimated cost of
the least expensive acceptable practice.
(D)(B)
Operating procedures.
(1) Practice
installation.
(a) Design, construction and
operation and management plans shall be submitted to the director or the
director's designee for approval prior to implementation.
(b) The director or the director's designee
shall inspect practice installation.
(2) Cost-share payment. Once a project has an
approved cost-share application and installation is approved by the director or
the director's designee, cost-share payment shall be granted.
(3) Maintenance and management of cost-shared
best management practices.
(a) Best management
practices installed with cost-share monies are to be maintained in good
operating condition to assure continued effective control of agricultural
pollution. Applicants for cost sharing must agree to care for, manage, and
maintain such practices for their useful life as noted in the cost-share
agreement. Failure to care for, manage, and maintain the practices shall
obligate the owner or operator to full repayment to the department.
(b) If the land on which best management
practices have been established with cost-share monies is sold, the new owner
shall be responsible for maintaining the practices in good operating condition
for their remaining useful life. The director or the director's designee shall
inform the new owner of the responsibility to maintain and operate cost-shared
practices.
(c) If the land on which
best management practices were established with cost- share monies is sold for
or converted to other uses than an agricultural production operation, the state
may recover the cost-share monies paid for such practices from the cost-share
recipient on a prorated basis, considering the useful life of the
practice.
(d) The director or the
director's designee shall monitor the management and maintenance of best
management practices established with cost-share monies. Any failure to manage
or maintain such practices, or conversion of such land to other uses than an
agricultural production operation, shall immediately be reported to the
department thereby subjecting a person to recovery of cost-share monies in
accordance with
paragraphs (D)(3)(a), (D)(3)(b) and
(D)(3)(c) of this rule.
(e) Upon discovery by the director
or the director's designee, pursuant to paragraph (D)(3)(d) of this rule, the
director, after any necessary investigation determines that recovery of state
cost-share funds is warranted, shall proceed to recover the cost-share monies
pursuant to section 131.02 of the Revised Code, or other appropriate
means.
(e)
Pursuant to section
131.02 of the Revised Code, the
director may proceed to recover any cost share funds that recovery is deemed
warranted.
Notes
Ohio Admin. Code 901:13-1-14
Effective:
8/19/2024
Five Year Review (FYR) Dates:
4/19/2024 and
08/19/2029
Promulgated
Under: 119.03
Statutory
Authority: 939.02
Rule
Amplifies: 939.02
Prior
Effective Dates: 11/01/1979, 05/01/1989, 05/07/1992, 11/15/1994, 06/01/2000,
10/03/2005, 12/23/2010, 12/31/2015 (Emer.),
04/01/2016
