252.315. Application for participation--contents--review of application--administrative procedure. - Missouri Statutes

Application for participation--contents--review ofapplication--administrative procedure.

252.315. 1. To participate in the program, the landowner shall makeapplication to the director in writing. The written application shall showthe number of acres to be placed in the program and that the land which isto be placed in the agroforestry program meets the eligibility requirementsof this section. The application shall also contain a detailed plan of thelandowner's proposal to meet the requirements of sections 252.300 to252.333, including the type and number of trees to be planted, established,or managed, the type of compatible grass, other crops and such otherinformation as may be deemed necessary. The number of trees required tosatisfy eligibility may vary with agroforestry practice, but in each caseshall be a sufficient number to guarantee the success of the practice andshall be consistent with standards established for each practice.

2. The director shall review each application. In reviewing theapplication the director shall determine the type or types of soil locatedin the area of the land proposed to be included in the agroforestry programand shall apply the land capability classification system to determine thepotential or limitations of the land for inclusion in the program. Beforethe director acts upon the application, an on-site inspection shall be madeby a representative of the department of conservation or its approvedagent. The inspecting representative shall attest to the efficacy of theagroforestry plan to be used, the number of acres to be placed underagroforestry management, the species and number of trees to be planted,established, or managed, and other crop components of the proposed program.After the report of the on-site inspector and the review by the director,the director shall determine the landowner's eligibility to participate inthe agroforestry program and shall determine the amount of cost sharing,including in-kind and labor components, for the landowner. If the directorfails to approve an application, the aggrieved landowner may request ahearing before the conservation commission or its authorized representativewithin thirty days of notice to the landowner of the failure of theconservation department to approve the application, or the landowner mayproceed under the provisions of section 536.150, RSMo, as if the act of theconservation department was one not subject to administrative review. Ifan action is brought pursuant to section 536.150, RSMo, venue shall be inCole County.

(L. 1990 H.B. 1653 § 6, A.L. 1993 S.B. 84, A.L. 2001 H.B. 904 merged with S.B. 462)