A maintenance/performance agreement is required as a condition for the receipt of financial incentive funds for soil and water conservation practices. The agreement includes, but is not limited to, the following:
(1) The landowner or successor(s) will continue to maintain the practice for the prescribed period commencing with certification of the practice.
(2) Approval of the soil and water conservation district commissioners is required prior to removal, alteration or modification of the practice.
(3) The landowner will notify any prospective land purchaser of this agreement.
(4) The landowner shall be allowed to work out a subagreement to transfer the Performance Agreement to a new landowner or farm operator who agrees to continue the practice during the remainder of the prescribed period.
(5) Failure to comply will require the landowner or successor to repair or reconstruct the practice or repay funds provided for this practice
A sample of the certification is as follows:
I acknowledge and agree that:
(1) I have been made aware that a Maintenance/Performance Agreement is required for eligible soil and water conservation practices, and (2) and I agree to comply with the Maintenance/Performance Agreement specified for the practice(s) for which I am applying.
Sample Practices and Prescribed Length of Maintenance or Performance Agreement
One to Four (1-4) year agreement
Five (5) year agreement
Critical Area Planting
Pasture and Hayland Planting
Ten (10) year agreement
Twenty (20) year agreement
Grade Stabilization Structure
Water and Sediment Control Basin
Windbreak and Shelterbelt Establishment
Tree and Shrub Planting