Section 252.318

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 252

Effective - 28 Aug 1990   

  252.318.  Annual inspection — notification of noncompliance — administrative procedure. — 1.  All land participating in the agroforestry program shall be inspected annually by a representative of the director, to ensure that the land continues to comply with the requirements of sections 252.300 to 252.333 and that practice specifications are being maintained in accordance with applicable rules and regulations.

  2.  If the annual inspection determines that the land is no longer in compliance with the provisions of sections 252.300 to 252.333 or with the rules and regulations promulgated pursuant to the provisions of sections 252.300 to 252.333, the director shall notify the landowner of that fact and shall detail the specifics in which the land fails to meet the requirements.  The landowner may respond to the notice within thirty days of receipt, either by contesting the inspection report or by providing the director with a proposal to correct the problems which form the basis of the notice.  If the landowner contests the findings of the annual inspection, the aggrieved landowner may request a hearing before the conservation commission or its authorized representative or the landowner may proceed under the provisions of section 536.150, as if the act of the conservation department was one not subject to administrative review.  If an action is brought pursuant to section 536.150, venue shall be in Cole County.  If the landowner provides the director with a proposal to correct the problems which form the basis of the notice, the director shall review the proposal and, if the director finds such proposal acceptable, shall allow the landowner to implement the proposal to correct the alleged problems and shall not suspend the annual payment to the landowner under the provisions of sections 252.300 to 252.333.  If the landowner is unable or unwilling to correct the alleged problems in a manner acceptable to the director, the landowner shall not receive the subsequent payments due under the provisions of sections 252.300 to 252.333.

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(L. 1990 H.B. 1653 § 7)