Prepared by: Meghann E. Jarchow and Matt Liebman Department of , Iowa State University

Photography provided by: Meghann E. Jarchow Bradley J. Cook (wetland – page 3) Department of Biological Sciences, Minnesota State University Mankato Jerry Peckumn (pale purple coneflower – page 22) Peckumn Real Estate and Lois Womble (female dickcissel – page 15) Carolina Bird Club

Illustrations, visualizations, and figures by: Amy L. Dixon (hydrology illustration – page 6) Biological-Pre-Medical Illustration, Iowa State University Iowa Department of Natural Resources (land use figures – page 2) G.L. Drake Larsen (landscape visualization – page 7) Department of Natural Resource Ecology and Management, Iowa State University John E. Weaver (root illustration – page 21) Department of Botany, University of Nebraska

Publication layout by: Tyler Teske Department of Agronomy, Iowa State University rights relating to this fencing and morePublication permanent printing sponsored by: Support fencing used around the perimeter. This project was funded in part by Lanes. Rotating from one paddock to the the Leopold Center for Sustainable R OTATIONAL next often requires the use of lanes. This is . Established by the particularly true for dairy operations. Lanes can 1987 Iowa Groundwater Protection result in soil compaction and .Thank Landowners you to Steve Barnhart, ShaneAct, Ellis, the Richard Leopold Pope, Center and two supports reviewers the for theirdevelopment valuable and tenants may want provisions in feedback place to on ensure previous versions of ofthe profitable publication. farming systems that conserve natural G R A Z I N G O N the ability to move livestock in a manner that resources. minimizes such damage. The Drake Agricultural Law Center is internationally recognized ON L EASED L AND A General Sample Provision: Tenant shall locate, to the …and justice for all for providing opportunities to study extent practicable, lanes on high dryThe ground U.S. Department or along of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation,how and the marital legal or family system status. (Not shapes all prohibited our bases applyfood to all system programs.) Many and materials contours and to manage said lanes to avoidcan be made soil available erosion, in alternative formats for ADA clients. To file a complaint of discrimination, write USDA, Office of Civil Rights, Room 326-W, compaction, and water pollution. Whitten Building, 14th and Independence Avenue,influences SW, Washington, DCthe 20250-9410 ability or call of 202-720-5964. the agricultural sector to Issued in furtherance of Cooperative Extension work,produce, Acts of May 8market and June 30, and 1914, inutilize cooperation agricultural with the U.S. Department products. of Agriculture. Specific Sample Provisions: Tenant shallGerald reinforce A. Miller, interim lanes director, Cooperative Extension Service, Iowa State University of Science and Technology, Ames, Iowa. with layered rock or a similarly suitable material where dirt Cover Photo Courtesy of USDA NRCS. tracks are previously established or otherwise unavoidable. Disclaimer Tenant shall not drive equipment on non-surfaced lanes when The information provided in this brochure is wet. intended for use as educational material to assist Tenant shall install water diverters on any lane having a landowners and their advisors. The Guide is not continuous gradient for _____ feet or more. intended, and should not be used, as a substitute for individual legal advice. Landowners and III. Important Contacts operators should consult a licensed attorney prior Your Attorney. Lease contracts can have an impact to entering a lease agreement. on a number of issues, including estate planning, taxes, social security, USDA farm programs, and liability. Use the information here to discuss concerns with your attorney and address them in a lease that meets your needs in a comprehensive manner. Natural Resources Conservation Service. NRCS CONTACT INFORMATION administers several voluntary conservation programs and can provide technical assistance. Visit the NRCS DRAKE AGRICULTURAL LAW CENTER website at http://www.nrcs.usda.gov or call 2621 CARPENTER AVENUE 515-284-4262. DES MOINES, IOWA 50311 Your Local Extension Office. (515) 271-2205 LESSON PLAN I. Introduction to Management Intensive [email protected] IV. Additional Resources II. Considerations for a MiG Lease for Profit: A Guide to . www.law.drake.edu/aglaw/ A. Flexible Management This University of Wisconsin-Extension publication B. Rent provides a basic understanding of rotational grazing. C. Tenure SustainableFarmLease.org provides more D. Access to Water information on tenancy and stewardship law as well E. Improvements as developing a sustainable farm lease contract. Visit F. Lanes the website or call 515-271-2205 to order “The III. Important Contacts Landowner’s Guide to Sustainable Farm Leasing.” IV. Additional Resources I. Introduction to Managed Grazing general requirements, such as requiring that paddocks be perhaps 10 years or more. Leases can provide Management intensive grazing (MiG) or any type of established and livestock rotated from one paddock to the mechanisms that automatically adjust rent or facilitate rotational grazing system divides a field into two or more next, but leave specifics, such as the number of paddocks negotiations on a periodic basis. paddocks, often separated by high tensile electric fencing. and timing of rotation, to the discretion of the operator. Lease documents can be recorded, and in some states, are Livestock are moved from one paddock to another rather Sample Provision: Lessee shall conduct the operation using required by law to be recorded in the county recorder’s than being turned loose to graze an entire field. This management intensive rotational grazing practices commonly office. This is particularly important for long-term leases. method allows the ground to rest and rejuvenate and accepted in locations of similar climate and geography and in provides the operator a chance to control the amount and compliance with all other terms and conditions of this Lease. Access to Water. Water is critical to a successful rotational even the type of forage consumed by livestock. operation. Livestock will need to be able to get to water Landowners do sometimes take an increased role in from each paddock. Natural sources of water may be NOTE: BENEFITS OF MANAGED ROTATIONAL GRAZING management of pastureland and may have an ownership used, but for landowners concerned about soil erosion and interest in the stock. In such cases, provisions may be • Decreased inputs, such as and pesticides. water quality, its also important to address limitations to developed that allow for greater landowner input. One • Improved soil health. certain water sources. way to provide landowner input while maintaining • Improved animal health. flexibility is through the development of a Plan of Sample Provision: Tenant shall restrict livestock access to ponds, • Carbon sequestration. Operations that must be approved by a landowner. ditches, streams, and other bodies of water to locations where access • Decreased soil erosion and runoff. is essential for crossing; where the crossing is perpendicular to the • Increased wildlife habitat and . Sample Provision: Lessee shall annually submit to Lessor for waterway; where the banks consist of a low graded slope; and where • Participation in environmental services, such as the approval a Plan of Operations. The Plan shall be signed and dated layered rocks, or similarly suitable material, are employed to Conservation Stewardship Program. by both parties and shall be attached to and made part of this lease. prevent soil erosion. If landowners take a larger role, the parties should be While limiting direct access to such resources can help More information on the basics of rotational grazing can careful to avoid the appearance of a partnership. This protect soil and water quality, the operator needs be found in the resources on the back of this brochure. could make the landowner and operator liable for one assurance they can divert water to troughs or other water II. Lease Considerations for another’s debts and negligence. Discuss how to avoid the systems. This may require temporary or permanent a MiG Operation appearance of a partnership with your attorney improvements. A lease is a type of contract, and as such, the parties are Determining Rent. Deciding on the amount of rent to Improvements. With any lease its important to establish pretty much free to make their own rules and create charge a MiG operation requires different considerations the tenant’s right to construct improvements as well as responsibilities for each party as they see fit. To ensure than a typical lease. In addition to traditional determine which improvements are temporary and which everyone understands what those responsibilities are— factors for determining rent, such as the value of the land, will remain with the land at the end of the lease. As including, if necessary, a court of law—it is important to the parties should consider a mentioned, it is critical for MiG put them in writing. The issues addressed here do not MiG system’s alteration of operators to be able to NOTE: RENT BASED ON STOCKING RATES provide a complete list of the items necessary for a legally typical inputs, including construct or place watering enforceable lease but are provided as an introduction to decreased fertilizer and Traditional pasture leases often base rent on the systems accessible from each some unique issues that may arise in MiG leases. pesticide usage and increases in number of animal units on the land. This system may paddock. Whether the systems the operator’s knowledge, time, present difficulties for a MiG operation. A successful are temporary or permanent As the name reveals Management Intensive Grazing and effort in managing the MiG operation will increase the number of animals in will depend on the nature of the requires a great deal of knowledge, time, and flexibility on system. The parties should the operation by improving the land’s system, but the parties should the part of the tenant. Using a pasture lease form designed also account for the operation’s productivity―the landowner’s most significant asset. address this in the lease. for a more conventional operation and adding a provision ability to increase the number or two that require rotations may not be enough to protect Charging rent based on the stocking rate therefore Another common improvement of animals on the land while the interests of both parties and ensure a profitable provides a windfall for a landowner and penalizes a addressed in traditional pasture improving its long-term relationship. Below are a few factors to consider. tenant’s good stewardship and hard work, decreasing leases is fencing. In production capacity. the incentive for a successful MiG operation. conventional operations fences Ensuring Rotations While Providing Flexibility. Lease Secure Land Tenure. are usually considered agreements must balance the landowner’s desire to protect Improvements in the land’s productivity and biodiversity permanent, even if put in place by the tenant. MiG the land with the tenant’s need for flexibility in managing don’t happen overnight, or even in a year or two. For this operations often use highly portable electric fences to the operation. This means if a landowner wants to ensure reason, an operator will likely need secure access to the create paddocks. The parties may wish to distinguish a rotational system is used, lease provisions need to have land for several years. This means having a lease of