§ 9 — Powers of districts and directors

New York § 9

• Jurisdiction: New York
• Law SWC: Soil & Water Conservation Districts
• Art. 2: State Soil and Water Conservation Committee, Soil and Water Conservation Districts, and Other Functions

Text

§ 9. Powers of districts and directors. The directors of a soil and\nwater conservation district shall have the following powers, in addition\nto others granted in other sections of this chapter:\n (1) To conduct surveys, investigations, and research relating to the\ncharacter of soil erosion, floodwater, sediment damages, nonpoint source\nwater pollution, and the preventive and control measures needed, to\npublish the results of such surveys, investigations, or research, and to\ndisseminate information concerning such preventive and control measures;\nprovided, however, that in order to avoid duplication of research\nactivities, no district shall initiate any research program except in\ncooperation with the New York state college of agriculture, and any\nagency of the state or of the United States as may be dealing with\nallied problems;\n (1-a). To authorize officers and employees to perform such duties as\nare necessary for the operation of the district. Directors while\nperforming such duties or assignments shall be compensated pursuant to\nsection seven of this article;\n (1-b). To establish and abolish positions of employment and to fix the\ncompensation and time of payment thereof and of the secretary,\ntreasurer, assistant treasurer and other officers and employees;\n (1-c) The board of directors of a soil and water conservation district\nmay authorize the treasurer to establish and maintain a petty cash fund,\nnot in excess of two hundred fifty dollars, for specific district\npurposes or undertakings, from which may be paid in advance of audit,\nproperly itemized and verified or certified bills for materials,\nsupplies or services furnished to the district for the conduct of its\naffairs and upon terms calling for the payment of cash to the vendor\nupon the delivery of any such materials or supplies or the rendering of\nany such services. Lists of all expenditures made from such petty cash\nfund shall be presented to the board of directors at each regular\nmeeting thereof, together with the bills supporting such expenditures,\nfor audit and the board shall direct reimbursement of such petty cash\nfund from any district moneys in an amount equal to the total of such\nbills which it shall so audit and allow. Any of such bills or any\nportion of any such bills as shall be disallowed upon audit shall be the\npersonal responsibility of the treasurer and such official shall\nforthwith reimburse such petty cash fund in the amount of such\ndisallowances;\n (1-d). To authorize the district treasurer to establish revolving fund\naccounts for specific administrative and operational accounts, which may\nbe carried from one fiscal year to another, and to authorize the\ndistrict treasurer temporarily to deposit or invest moneys not required\nfor immediate expenditure in special time deposit accounts in, or\ncertificates of deposit issued by, a bank or trust company located and\nauthorized to do business in this state, provided however, that such\ntime deposit account or certificate of deposit shall be payable within\nsuch time as the proceeds shall be needed to meet expenditures for which\nsuch moneys were obtained and provided further that such time deposits\nor certificate of deposit be secured by a pledge of obligations of the\nUnited States of America or obligations of the state of New York or\nobligations of any municipality school district or district corporation\nof the state of New York.\n (2) To carry out preventive and control measures within the district\nincluding, but not limited to, engineering operations, methods of\ncultivation, the growing of vegetation and changes in use of land and\ndrainage, irrigation and other agricultural water management operations\nand measures for the prevention of floodwater and sediment damages, or\nfor the control and abatement of nonpoint sources of water pollution on\nlands owned or controlled by this state or any of its agencies, with the\nconsent and cooperation of the agency administering and having\njurisdiction thereof, and on any other lands within the district and,\nnotwithstanding any general, special, local or other provision of law,\nincluding the lands of directors, officers or employees of said\ndistrict, upon obtaining the consent of the occupier of such lands or\nthe necessary rights or interests in such lands;\n (3) To cooperate, or enter into agreements with, and within the limits\nof appropriations duly made available to it by law, to furnish financial\nor other aid to, any agency, governmental or otherwise, or any occupier\nof lands within the district, in carrying on of erosion-control, flood\nprevention and sediment damage prevention operations, control and\nabatement of nonpoint sources of water pollution, and land use\nadjustments including ditching, draining and flood control operations\nfor effective conservation and utilization of the lands and waters\nwithin the district, subject to such conditions as the directors may\ndeem necessary to advance the purposes of this chapter;\n (4) To obtain options upon and to acquire, by purchase, exchange,\nlease, gift, grant, bequest, devise, or otherwise, any property, real or\npersonal, or rights or interests therein; to maintain, administer, and\nimprove any properties acquired, to receive income from such properties\nand to expend such income in carrying out the purposes and provisions of\nthis chapter; and to sell, lease, or otherwise dispose of any of its\nproperty or interests therein in furtherance of the purposes and the\nprovisions of this chapter;\n (4-a) To acquire, by purchase, exchange, gift, bequest, devise, or\notherwise, a conservation easement as defined in section 49-0303 of the\nenvironmental conservation law; to hold, maintain, administer, and\nimprove, in compliance with any such easement and title three of article\nforty-nine of the environmental conservation law, any conservation\neasements acquired; to enforce any of the terms of a conservation\neasement, either as a holder of an acquired easement or under a third\nparty enforcement right, as defined in section 49-0303 of the\nenvironmental conservation law, granted to the district in a\nconservation easement; to receive any income from the holding,\nmaintenance, administration, improvement or enforcement of conservation\neasements as authorized in this subdivision and to expend such income in\ncarrying out the purposes and provisions of this chapter; and to\nextinguish any such conservation easements in compliance with such\neasement and title three of article forty-nine of the environmental\nconservation law, in furtherance of the purposes and provisions of this\nchapter.\n (5) To make available, on such terms as it shall prescribe, to land\noccupiers within the district, agricultural and engineering machinery\nand equipment, fertilizer, seeds, and seedlings, and such other material\nor equipment, as will assist such land occupiers to carry on operations\nupon their lands for the effective conservation and utilization of soil\nand water resources, prevention and control of soil erosion, prevention\nof floodwater and sediment damages, and for the control and abatement of\nnonpoint sources of water pollution;\n (6) To construct, improve, and maintain such structures as may be\nnecessary or convenient for the performance of any of the operations\nauthorized in this chapter, provided, however, that no agreement or\ncontract for the maintenance of such a structure, improvement or other\nworks shall be valid or create any liability against the county, unless\nsuch agreement or contract shall have been approved by the county board\nby resolution duly adopted;\n (7) (a) To develop and update comprehensive plans for the conservation\nof soil and water resources, control and prevention of soil erosion,\nprevention of floodwater and sediment damages, control and abatement of\nnonpoint sources of water pollution, and for agricultural water\nmanagement within the district, which plans shall specify in such detail\nas may be possible, the acts, procedures, performances, and avoidances\nwhich are necessary or desirable for the effectuation of such plans,\nincluding the specification of engineering operations, methods of\ncultivation, the growing of vegetation, cropping programs, tillage\npractices, and changes in the use of land; and to publish such plans and\ninformation and bring them to the attention of occupiers of lands within\nthe district; provided, however, that in order to avoid duplication of\neducational activities no district shall publish any such plans and\ninformation except in cooperation with the New York state college of\nagriculture and with the approval of the state soil conservation\ncommittee; and otherwise assist in the administration of the\nagricultural environmental management (AEM) program as set forth in\narticle eleven-A of the agriculture and markets law. Plans prepared by\ndistricts shall utilize and incorporate to the extent practical and\nappropriate existing soil and water conservation plans for agricultural\nland within the district;\n (b) (i) Upon the determination of any such board that conditions in\nthe district are appropriate, develop a plan to promote one or more\nrecreational programs applicable to privately owned or leased lands and\nwaters which plan may include:\n (1) an analysis of the amount of open land and water in the district\nand the amount of such land and water which is posted and not posted;\n (2) a determination of the potential for obtaining permission from the\nowners or lessees of open lands and waters to obtain access to such\nlands and waters for recreational use;\n (3) the terms and conditions under which such land and waters may be\nmade accessible for one or more recreational uses;\n (4) the potential for the creation of employment opportunities for the\nowners and lessees of the lands and waters or their relatives or\nneighbors in the event such plan is implemented;\n (5) the potential for encouraging tourism and the impact thereof upon\nthe land and water to be included in the plan; upon local governments in\nthe district, including additional tax revenues and the impact of such\nrevenues, if any, upon the owners or lessees of the lands and waters;\n (6) the type of recreational use, the times of such use and the impact\nthereof upon the lands and waters; and\n (7) a method of involving interested community agencies and groups in\nplan development and implementation.\n (ii) Such plan may also include a description of the activities,\nprogram and strategies intended to be used to promote recreational use\nof the lands and waters, which uses shall be compatible with the primary\nuse of the land and which may enhance the economic well-being of the\nowner of the land as well as the economic viability of the general area.\nIncluded in such plan shall be rules that may be amended from time to\ntime and may include but shall not be limited to:\n (1) the location and identification of the lands and waters to be\nincluded in the plan and the uses to be permitted on such lands and\nwaters;\n (2) a method of identifying the users of such lands and a\ndetermination of the method by which users of lands may be charged, in\nthe event charges are imposed;\n (3) rules relating to the conduct of persons using such lands;\n (4) the method by which the owners of such lands or waters are\nprotected from actions that may be brought against them by the users of\nsuch lands or waters or other persons as a result of the use of such\nlands or waters, which method may include blanket insurance or other\nmethod of insurance to be made available or some acceptable method of\nindemnification;\n (5) rules relating to the time when such lands may be used and the\npurpose of such use at such time;\n (6) a method by which collected charges are used and distributed to\nthe owners or lessees of such lands and waters;\n (7) a method by which a landowner who has consented to be included in\nthe plan may withdraw from such plan;\n (8) a procedure by which lands, including waters wholly or partially\non such lands or adjacent thereto, will be stocked with fish or game to\ncontinue the viability of the plan; and\n (9) a method of marketing the use of recreational lands with respect\nto potential patrons.\n (iii) The district board may develop and implement the plan after\nconsultation with interested farm, recreational and open space groups\nincluding, but not limited to: county agricultural and farmland\nprotection boards, municipalities, regional and/or state fish and\nwildlife boards, and county-based offices of Cornell cooperative\nextension.\n (8) To act as agent for the United States, or any of its agencies, or\nfor this state or any of its agencies, in connection with the\nacquisition, construction, operation, maintenance or administration of\nany soil-conservation, erosion-control, or erosion-prevention,\nagricultural water management, flood prevention, sediment damage\nprevention, or nonpoint source water pollution control and abatement\nproject within its boundaries; to accept donations, gifts, and\ncontributions in money, services, materials or otherwise, from the\nUnited States or any of its agencies, or from this state or any of its\nagencies, or from any other source, and to use or expend such moneys,\nservices, materials, or other contributions in carrying on its\noperations;\n (9) To sue and be sued in the name of the district, to have a seal,\nwhich seal shall be judicially noticed; to have perpetual succession\nunless terminated as hereinafter provided; to make and execute contracts\nand other instruments, necessary or convenient to the exercise of its\npowers; to make, and from time to time amend and repeal rules and\nregulations not inconsistent with this chapter, to carry into effect its\npurposes and powers;\n (10) As a condition to the extending of any benefits under this\nchapter to or the performance of work upon, any lands not owned or\ncontrolled by this state or any of its agencies, the directors may\nrequire contributions in money, services, materials or otherwise to any\noperations conferring such benefits, and may require land occupiers to\nenter into and perform such agreements or covenants as to the long term\nuse of such lands as will tend to prevent or control erosion, prevent\nfloodwater and sediment damages, control and abate nonpoint sources of\nwater pollution, and make for more effective agricultural water\nmanagement thereon;\n (11) No provisions with respect to the acquisition, operation, or\ndisposition of property by other public bodies shall be applicable to a\ndistrict organized hereunder, unless the legislature shall specifically\nso state;\n (12) (a) A county may, on recommendation of the county superintendent\nof highways, permit the use of any street or highway machinery, tools or\nequipment owned by the county, by a soil and water conservation district\ncreated under and pursuant to the soil and water conservation districts\nlaw, upon such terms as may be agreed upon but with payment to the\ncounty of not less than the hourly rate as fixed by the state\ncommissioner of transportation for the rental or hiring of such\nmachinery, tools or equipment by the county. Moneys received by a county\npursuant to the provisions of this section shall be paid into the county\nroad machinery fund.\n (b) A town superintendent of highways, with the approval of the town\nboard and of the county superintendent, may permit the use of any\nhighway machinery, tools or equipment owned by the town, by a soil and\nwater conservation district created under and pursuant to the soil and\nwater conservation districts law, upon such terms as may be agreed upon\nbut with payment to the town of not less than the hourly rate as fixed\nby the state commissioner of transportation for the rental or hiring of\nsuch machinery, tools or equipment by the town. Moneys received by a\ntown pursuant to the provisions of this section shall be applicable for\nthe purposes for which amounts may be raised as provided in subdivision\nthree of section two hundred seventy-one of the highway law.\n (c) The state commissioner of transportation may permit the use of any\nstreet or highway machinery, tools or equipment owned by the state by a\nsoil and water conservation district created under and pursuant to the\nsoil and water conservation districts law, under the same terms and\nconditions as provided for the use of county owned equipment by such\ndistricts.\n (d) No such machinery, tools and equipment shall be so leased to a\nsoil and water conservation district unless (1) adequate insurance shall\nbe secured thereon which will protect the county, town or state, as the\ncase may be, in the event of the loss of or damage to such leased\nmachinery, tools and equipment by reason of fire and theft and (2)\nadequate liability and property damage insurance shall be secured for\nthe protection of the county, town or state, as the case may be, upon\nall machinery and equipment operated, or propelled, by motors. The\ndetermination of what shall be "adequate" insurance shall be made by\nresolution of the board of supervisors of the county, the town board of\na town, or the state commissioner of transportation, as the case may be,\nand no officer or official of any such county, town, or of the state,\nshall be held personally responsible to such county, town, the state, or\nto third persons should such insurance in any event prove to be\ninadequate in amount. The cost of any such insurance shall be paid for\nby the district in addition to the payments hereinabove provided.\n (e) If any such agreement between a county, a town, the state, and a\ndistrict shall provide that the equipment, tools or machinery leased\nshall be operated by an employee of the county, town, or the state, any\nsuch employee, regardless of the terms of such contract, shall continue\nto be paid by and to be an employee of the county, town, or the state,\nand shall be considered as such for any and all purposes, and the\nagreement between the county, town, or the state, and the district shall\nprovide for the payment by the district to the county, town, or the\nstate, of amounts at least equal to the compensation which any such\nemployee shall receive from the county, town or the state. The moneys\nreceived by a county, town, or the state, for reimbursement of the\ncompensation of such employees shall be credited to the fund from which\nsuch compensation was paid while such equipment, tools or machinery was\nleased.\n (13) The directors may call upon the county attorney for such legal\nservices as the district may require and the county attorney shall\nrender such service;\n (14) Within the limits of appropriations made available for such\npurposes, to annually expend in such district the actual and necessary\nexpenses of maintaining and continuing the New York soil and water\nconservation district's association and any of its activities in this\nstate for the purpose of devising practical ways and means for obtaining\ngreater economy and efficiency in soil and water conservation;\n (15) Whenever the work relating to soil erosion and other preventive\ncontrol measures proposed by the directors of a soil and water\nconservation district shall benefit the highways, bridges, or other\nproperty of the county or town, either by repair of actual damage\ninflicted, or prevention of damage likely to be inflicted by flood\nwaters or erosion, the county or town shall be authorized when\npermission is granted by the proper authorities thereof to contribute\nnecessary funds, or to loan equipment, or furnish to them necessary aid\nwithout charge for the use of such equipment for the work to be done for\nthe particular improvement. No such funds contributed, or equipment\nloaned, or aid furnished, shall be used except for work which shall\nbenefit such municipality so furnishing the same.\n * (16) Within the limits of appropriations made available for such\npurposes, to undertake a public information and education program\nregarding the principles and practices of preservation and conservation\nof the soil and water resources of this state set forth in section two\nof this chapter.\n * NB There are 2 sb (16)'s\n * (16) To carry out preventative and control measures for the spread\nof prohibited and regulated species pursuant to section 9-1709 of the\nenvironmental conservation law.\n * NB There are 2 sb (16)'s\n