Iowa Admin. Code r. 571-21.6

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 571-21.6 - Terms applicable to all habitat leases

The following terms and conditions apply to all department habitat leases entered into pursuant to rule 571-21.4 (456A) or 571-21.5 (456A).

(1)Final approval of award. All awards of leases shall be approved by the director. Additionally, awards of all leases on sovereign land shall be subject to approval by the state executive council on recommendation of the natural resource commission.

(2)Payment of cash rent. The operator shall pay a minimum of 10 percent of the total gross rent at the time of the signing of the lease and the balance for each crop year on or before December 1, or the operator shall pay 50 percent of the total annual rent each April 1 and the balance for each crop year on or before December 1. The appropriate minimum payment shall be determined by the land manager.

(3)Payment of crop share rent. The operator shall pay the total annual rent on December 1 or at the time of harvest, whichever is later.

(4)Termination. In accordance with Iowa Code section 562.6, the lease shall serve as the written agreement fixing the time of termination of the tenancy. The lease shall terminate at the end of the agreed-upon lease term without notice. If the department requires leased land for other conservation purposes during the term of the lease, the operator shall relinquish all rights under the existing lease, upon demand by the director, at the end of the current crop year.

(5)Termination for cause. If the operator fails to comply with any of the terms of the lease, the department may serve notice on the operator demanding redress within a specified period of time. If compliance is not made within the specified period, the department may proceed to collect any moneys that may be due and payable during the crop year in which the lease is terminated and may void the remainder of the lease. Further, the department may have a landlord's lien as set out by Iowa Code chapter 570.

(6)Previous agreements. The department shall recognize legal agreements regarding habitat leases that are in effect at the time the department acquires jurisdiction to the land covered by those legal agreements.

(7)Amendment to lease. Amendments to any lease shall be evidenced by written instruments attached to and made a part of the lease. Final approval of amendments shall be made by the director.

Iowa Admin. Code r. 571-21.6

Adopted by IAB March 1, 2017/Volume XXXIX, Number 18, effective 4/5/2017

Adopted by IAB May 1, 2024/Volume XLVI, Number 22, effective 6/5/2024