§ 3 — Definitions

New York § 3

• Jurisdiction: New York
• Law SWC: Soil & Water Conservation Districts
• Art. 1: Short Title; Declaration of Policy; Definitions

Text

§ 3. Definitions. Wherever used or referred to in this chapter, unless\na different meaning clearly appears from the context: (1) "District" or\n"soil and water conservation district" means a county whose board of\nsupervisors has by resolution declared said county to be a soil and\nwater conservation district.\n (2) "Director" means one member of the governing body of a district,\nappointed in accordance with the provisions of this chapter.\n (3) "Committee" or "state soil and water conservation committee" means\nthe agency created in section four of this chapter.\n (4) "State" means the state of New York.\n (5) "Agency of this state" includes the government of this state and\nany subdivision, agency, or instrumentality, corporate or otherwise, of\nthe government of this state.\n (6) "United States" or "agencies of the United States" includes the\nUnited States of America, the soil conservation service of the United\nStates department of agriculture, and any other agency or\ninstrumentality, corporate or otherwise, of the United States of\nAmerica.\n (7) "Government" or "governmental" includes the government of this\nstate, the government of the United States, and any subdivision, agency,\nor instrumentality, corporate or otherwise of either of them.\n (8) "County board" means the county board of supervisors of any\ncounty.\n (9) "Land occupier" or "occupier of land" includes any person, firm,\ncorporation, or governmental unit who shall hold title to, or shall be\nin possession of, any lands lying within a district organized under the\nprovisions of this chapter, whether as owner, lessee, renter, tenant or\notherwise.\n (10) "Agriculture land" shall be defined as any landholding exceeding\ntwenty-five acres which is used by the owner or occupier of the land for\nthe raising of any agricultural or forestry products, provided, however,\nthat concentrated agricultural operations on landholdings of less than\ntwenty-five acres shall be included in the term.\n (11) "Concentrated agricultural operations" shall be as defined as any\nform of agricultural operation including feedlots and poultry\noperations, which produces, because of its confined nature, large\namounts of animal and related wastes in a limited area as defined by the\nState Soil and Water Conservation Committee.\n (12) "Soil and water conservation plan" shall be defined as a document\ncontaining proposals for the conservation of soil and water resources\nand which provides an orderly method for landowners and occupiers to\nfollow in limiting soil erosion and reducing the amount of pollutants\nentering into the waters or on the lands of the state.\n (13) "Nonpoint source" means any source of water pollution or\npollutants, as defined in section 17-0105 of the environmental\nconservation law, which is not a discrete conveyance or point source\npermitted pursuant to title seven or eight of article seventeen of the\nenvironmental conservation law.\n (14) "Nonpoint source abatement and control program" means a program\nof activities and projects for the abatement and reduction of nonpoint\nsource pollution through the implementation of best management\npractices.\n (15) "Agricultural nonpoint source abatement and control program"\nmeans a program consisting of activities and projects for the abatement\nand reduction of water pollution from agricultural nonpoint sources\nthrough the installation, operation and maintenance of best management\npractices. Such program shall address agriculturally related activities\nand their impact on water quality and shall include, but not be limited\nto, activities and projects for controlling losses from the land\nincluding nutrients, particularly nitrogen and phosphorus, pathogens,\ntoxic contamination of surface waters and groundwaters from heavy\nmetals, pesticides and other organic substances, and for the prevention\nof siltation and eutrophication of streams, rivers, lakes and other\nwater bodies.\n (16) "Best management practices" means a practice or combination of\npractices determined to be the most effective, economically feasible and\npracticable means of preventing or reducing pollution generated by\nnonpoint sources.\n (17) "Priority water body" means a water body identified by the\ncommissioner of environmental conservation pursuant to section 17-1407\nof the environmental conservation law.\n (18) "Recreational use" means any activity undertaken out of doors for\npurposes of mental or physical enjoyment and relaxation and may include,\nbut shall not be limited to, hunting, fishing, canoeing, boating,\ntrapping, hiking, cross country skiing, tobogganing, sledding,\nspeleological activities, horseback riding, bicycle riding, hang\ngliding, motorized vehicle operation for recreational purposes,\nsnowmobile operation and training of dogs.\n