Volume 44 - Issue 45 - November 6, 2025
State of Kansas
Department of Agriculture
Division of Conservation
Notice of Hearing on Proposed Administrative Regulations
A public hearing will be conducted at 1:00 p.m. January 7, 2026, in room 124 of the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, Kansas, to consider the adoption of proposed regulations. The public hearing will be conducted in person and via video conferencing system. Members of the public who wish to attend the public hearing virtually must pre-register at https://kansasag.zoom.us/j/86087601156?pwd=b8e1o4xsqtHxwfV48blucq8IurnzQ4.1&jst=1.
This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to the hearing to the Secretary of Agriculture, 1320 Research Park Dr., Manhattan, KS 66502, or by email to ronda.hutton@ks.gov. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. To give all parties an opportunity to present their views, it may be necessary to request each participant limit any oral presentation to five minutes. K.A.R. 11-3-1 through 11-3-12 and 11-13-1 through 11-13-6 are proposed for adoption on a permanent basis.
A summary of K.A.R. 11-3-1 through 11-3-12 follows:
The Kansas Department of Agriculture (KDA), Division of Conservation is proposing amendments to K.A.R. 11-3-1 through 11-3-12 to establish policy and procedures for implementing financial assistance to owners of watershed dams in Kansas as authorized by K.S.A. 2-1915 under the Kansas Department of Agriculture Division of Conservation Dam Construction and Rehabilitation Program.
A summary of K.A.R. 11-13-1 through 11-13-6 follows:
The proposed regulations introduce new practices and provide greater flexibility in implementing the Kansas Sediment and Nutrient Reduction Initiative. The Kansas Sediment and Nutrient Reduction Initiative builds upon the Kansas Water Quality Initiative created under K.S.A. 2-1915. The new requirements for the Kansas Sediment and Nutrient Reduction Initiative will continue to be implemented by the Kansas Department of Agriculture, Division of Conservation.
K.A.R. 11-13-1. Definitions. The proposed regulations add definitions for clarity (“Body of Water”; “Commission”; and “Secretary”) and for new practices (“Riparian herbaceous cover” and “Tree and shrub establishment”). Several definitions are no longer used and are removed from the list (“HUC 12 watershed”; “Program eligible area”; “Program eligible boundaries”; “Tier 1 areas”; “Tier 2 areas”; and “WRAPS”).
K.A.R. 11-13-2. Initiative requirements for new applications; funds for existing contracts. The proposed regulations provide a minor clarification.
K.A.R. 11-13-3. Selection of applicants for initiative. The proposed regulations introduce new criteria for determining eligible areas and remove the prior two tiers system based on fixed locations and the provision excluding land that is enrolled in existing CRP.
K.A.R. 11-13-4. Haying and grazing. This proposed regulation expands the opportunity for limited haying and grazing within filter strips, provided a grazing management plan is in place.
K.A.R. 11-13-5. Practices eligible for incentive payments. This proposed regulation adds new practices eligible for incentive payments and allows the Secretary to approve additional practices. It also allows incentive payments in addition to any CRP payments.
K.A.R. 11-13-6. Incentive payments; refunds. The proposed regulation establishes criteria for setting incentive payments for the next fiscal year and introduces a lump-sum payment option for landowners. The prior two tiers of payments system removed. This regulation also provides a standard for when an incentive payment refund would be required.
Economic Impact Statement for K.A.R. 11-3-1 through 11-3-12
The proposed regulations will provide additional state financial assistance to watershed dam owners who voluntarily seek to construct new dams or rehabilitate existing dams. There are no applicable federal requirements. They may enhance business activities as the policies and procedures will necessitate obtaining professional engineering designs and technical project oversight in most cases. In addition, owners of eligible watershed dam structures will benefit from the proposed regulations by significantly offsetting their investment and personal costs in amounts up to $500,000 per structure, which is an increase from the $120,000 prior maximum.
The proposed regulations will expend state water plan funds in FY2026 and FY2027 as annually appropriated. No changes to aggregate state revenues are anticipated in any fiscal year and no annual implementation or compliance costs will be incurred by or passed along to businesses, local governments, or members of the public. They will not increase or decrease revenues, impose functions or responsibilities or increase expenditures or fiscal liability of cities, counties, and school districts. On December 18, 2024, KDA sent letters to the League of Kansas Municipalities (LKM), Kansas Association of Counties (KAC), and the Kansas Association of School Boards (KASB) requesting input as to the effect of the proposed regulations on those entities. To date KDA received a response from the KASB informing KDA that the regulations would not impact the KASB. No response was received from the LKM or KAC.
Appropriations to the Watershed Dam Construction & Rehabilitation Program totaled $3,000,000 in FY2025 and were completely expended in accordance with current regulations. Appropriations are anticipated to be the same again in FY2026 and FY2027.
KDA circulated information regarding the proposed updates to current regulations, along with a draft to the State Conservation Commission, State Association of Kansas Watersheds and Kansas Association of Conservation Districts who collectively serve a large number of stakeholders that would be affected by the updates. None of the organizations raised objections to the proposed regulations.
Economic Impact Statement for K.A.R. 11-13-1 through 11-13-6
The proposed regulations will provide additional eligible conservation practices with better state incentives to encourage landowners to enroll in more concentrated, targeted geographic areas as well as providing more water quality improvement benefits. They offer state financial assistance for private watershed landowners who voluntarily participate; therefore, there are no applicable federal requirements.
The proposed regulations could enhance business activities through the sale of applicable components needed for the implementation of the eligible initiative practices. Local supply businesses such as seed, fertilizer, plant materials and land improvement contractors may benefit from increased incentives to these voluntary projects. Restriction of business activities is not anticipated because participation in the initiative is voluntary, not mandated by law.
The Division of Conservation’s Riparian and Wetland Program Manager will administer the program in addition to several other programs. The personnel costs to the agency for this program would be approximately $5,250 (estimated at 150 hours) per year. An estimated additional $200 per year will be expended on supplies, workstation, postage, computer equipment, meetings and travel expenses. The agency may incur additional administrative costs to conduct field investigations and monitor program success. The incentive for landowners and water quality available is $218,047.46 for the program in its entirety, providing a benefit-cost ratio of 4,400%.
No additional economic impacts are expected from implementation of the proposed regulations, because existing program funds are anticipated to be distributed to approved eligible applicants. Also, no additional costs are anticipated for the state of Kansas, local government and individuals.
The proposed regulations will not increase or decrease revenues of cities, counties or school districts, or impose functions or responsibilities on cities, counties or school districts that will increase expenditures or fiscal liability. On December 18, 2024, KDA sent letters to the League of Kansas Municipalities (LKM), Kansas Association of Counties (KAC), and the Kansas Association of School Boards (KASB). To date KDA has received a response from the KASB informing KDA that the regulations would not impact the KASB and no response from the LKM or KAC.
KDA circulated information regarding the proposed amendments to the regulations, along with a draft to the Conservation Commission, who serve many stakeholders that would be affected by the amendments. The Commission did not raise any objections to the proposed regulations. KDA also provided information on the proposed changes to other stakeholders such as county conservation districts and other state agencies.
Any individual with a disability may request accommodations to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodations should be made at least five working days in advance of the hearing by contacting Ronda Hutton at 785-564-6715 or fax at 785-564-6777.
Copies of the proposed regulations and economic impact statements may be obtained by contacting the Department of Agriculture, Ronda Hutton, 1320 Research Park Dr., Manhattan, KS 66502 or 785-564-6715 or by accessing the department’s web site at https://www.agriculture.ks.gov/. Comments may also be made through our website at https://www.agriculture.ks.gov/public-resources/public-comments.
Michael M. Beam
Secretary
Department of Agriculture
Doc. No. 053621
