JurisdictionNew YorkLaw SWCSoil & Water Conservation Districts
Art. 2State Soil and Water Conservation Committee, Soil and Water Conservation Districts, and Other Functions
This text of New York § 5 (Creation of soil and water conservation districts) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 5. Creation of soil and water conservation districts.
(1)When the\nboard of supervisors of any county determines that conservation of soil\nand water resources and control and prevention of soil erosion and\nprevention of floodwater and sediment damages are problems of public\nconcern in the county, and further determines that a substantial\nproportion of the rural land occupiers of the county favors such a\nresolution, the said board of supervisors, by a resolution adopted at\nany regular or special meeting of the board, may declare the county to\nbe a soil and water conservation district for the purpose of\neffectuating the legislative policy announced in section two, providing\nwritten notice of intention to act on such resolution, together with the\nbasis for action, is provided b
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§ 5. Creation of soil and water conservation districts. (1) When the\nboard of supervisors of any county determines that conservation of soil\nand water resources and control and prevention of soil erosion and\nprevention of floodwater and sediment damages are problems of public\nconcern in the county, and further determines that a substantial\nproportion of the rural land occupiers of the county favors such a\nresolution, the said board of supervisors, by a resolution adopted at\nany regular or special meeting of the board, may declare the county to\nbe a soil and water conservation district for the purpose of\neffectuating the legislative policy announced in section two, providing\nwritten notice of intention to act on such resolution, together with the\nbasis for action, is provided by the county board to the state soil and\nwater conservation committee at least thirty days before action is taken\non such resolution. These determinations may be made through hearings,\npetitions or referenda.\n (2) In any suit, action, or proceeding involving the validity or\nenforcement of, or relating to, any contract, proceeding, or action of\nthe district, the district shall be deemed to have been established in\naccordance with the provisions of this article upon proof of the\nadoption of the resolution of the county board declaring the county to\nbe a soil and water conservation district. A copy of such resolution\nduly certified by the clerk of the board shall be admissible in evidence\nin any such suit, action or proceeding and shall be proof of the filing\nand contents thereof.\n (3) Any soil conservation district heretofore created or existing\nshall be deemed to be continued for all purposes and shall hereafter be\ndesignated as a soil and water conservation district.\n (4) Notwithstanding any other provision of this chapter, the mayor of\nthe city of New York shall have the authority to establish a soil and\nwater conservation district encompassing the five counties of the city.\n