Chapter 02. Distribution of Funds for the Maintenance of Drainage Systems for Agricultural Land
Regulation .01 Cost Sharing.LinkCopy Citation
The Secretary of Agriculture may provide up to 50 percent of the cost necessary to maintain drainage outlet systems for the draining of agricultural land constructed pursuant to Article 25, §§52—59 (Public Drainage Associations) and §§169—218 (Public Watershed Associations), Annotated Code of Maryland.
Regulation .02 Requirements for Application for Cost Sharing.LinkCopy Citation
An association wishing to be considered for cost sharing pursuant to this chapter shall make written application to the Secretary as provided by the Department and shall conform to the following requirements:
A.
Each association shall be active with a currently elected board of managers.
B.
Each association shall have adopted and implemented an operations and maintenance program which provides for the regular maintenance of that association's drainage outlet systems.
C.
Each association, upon application for assistance, shall submit an operations and maintenance plan for the maintenance of drainage outlet systems, for which cost sharing is requested. This plan shall include cost estimates and shall have been approved by the local soil conservation district in the year of application.
D.
Each association shall submit a written commitment indicating the source of the funds to be matched.
E.
Each association shall have the continuing duty to keep all drainage improvements in good repair.
Regulation .03 Criteria for Allocation of Cost Sharing Funds.LinkCopy Citation
A.
Cost sharing for the maintenance of drainage outlet systems for agricultural land will be limited to the control of vegetation and removal of channel obstructions as follows:
(1)
Control of vegetation will be limited to control of herbaceous growth or removal of shrubs or small trees which do not exceed 4 inches in diameter at breast height.
(2)
Movement of earth will be limited to:
(a)
Cleaning of sediment traps or construction of sediment traps as is considered necessary by the soil conservation district.
(b)
Removal of material which does not change the original design of the channel, or constitute a major channel reconstruction or realignment. The original design shall be maintained and removal of material may not exceed 6 inches below the original design grade of the channel.
(c)
Placement of soil shall be as specified by the soil conservation district.
B.
The Secretary may provide funds for use in each county based on the mileage of ditches in each county applied for by associations and approved by districts as compared to the total mileage applied for in the State.
C.
Associations which have received funds in prior years will receive a lower priority for cost sharing purposes than those which have not. A higher priority may be given where other funds, above the required 50 percent, are available from other sources such as county cost sharing funds.
D.
In establishing priorities for the purpose of cost sharing for drainage outlet systems, the Secretary may consider other criteria which will promote the control of vegetation, the removal of channel obstructions, and debris from drainage outlet systems for the draining of agricultural land.
E.
The Secretary may provide funds through a soil conservation district.
F.
Funds are allocated for use within 12 months of the date made available to the association. The association will verify to the Secretary the expenditure of State funds and the amount of local matching funds.
G.
Work for which funds are provided shall be verified by the soil conservation district for compliance with the district approved operations and maintenance plan. Any change from the plan must be approved by the soil conservation district.
Chapter annotations
Authority: Agriculture Article, §§2-103 and 8-602, Annotated Code of Maryland
History: Effective date: October 6, 1978 (5:20 Md. R. 1501)
History: Regulations .02C and .03A, B amended effective February 15, 1982 (9:3 Md. R. 222)
History: Regulation .03E-G adopted effective February 15, 1982 (9:3 Md. R. 222)