N.Y. CNT Law § 223 — New York Code / Act CNT / Article 5 / Section 223
Flood control and soil conservation
Status: in_force

§ 223. Flood control and soil conservation. 1. The board of\nsupervisors shall have power to, and may, appropriate and pay out for\nthe general improvement of agriculture and the soil such sums as it may\ndeem proper for the expense of creating and maintaining soil\nconservation districts, and assisting districts in carrying out the\nprovisions of the soil conservation districts law. The board of\nsupervisors may by resolution, duly passed, direct the county treasurer\nto pay out of moneys from such appropriation upon the order of the\nchairman of the district directors, upon his giving a proper receipt\ntherefor. On or before the first day of January in each year and at any\nother time when requested by the board of supervisors, the directors\nshall report in writing to the board a detailed statement of its work\nand transactions for the preceding year ending December thirty-first,\nand for any other period which the board may request and in such form as\nsaid board may direct.\n  2. In addition to the powers granted under the provisions of the soil\nconservation districts law and chapter eight hundred sixty-two of the\nlaws of nineteen hundred thirty-six as amended, and after a public\nhearing held pursuant to public notice as hereinafter provided, each\nboard of supervisors shall have power to appropriate and expend county\nfunds to protect public and private property within the county from\nfloods, to conserve the soil from erosion and for any function or\npurpose which otherwise may be undertaken or performed by a small\nwatershed protection district established pursuant to article five-D of\nthis chapter.\n  After a public hearing shall have been held as provided herein, a\nboard of supervisors may appropriate each year for such purpose without\na further public hearing a sum not to exceed the sum specified in the\noriginal notice of public hearing. If a sum in excess of the sum\nspecified in the original notice of such hearing is proposed to be\nexpended, a new public hearing shall be held and public notice given as\nhereinafter provided.\n  3. The resolution shall recite: (a) the area of said county in which\nthe project and work is to be performed, and that it is believed of\nsufficient importance and general public benefit to warrant the\nexpenditure of county money thereon; (b) the name, if any, of any lake,\npond, stream, drain or ditch to be improved; (c) the nature of the\nimprovement such as construction of dikes, drains, check-dams, pipes,\nnew or altered channels, reforestation or the planting of shrubs and\nplants, or otherwise by the creation of a soil erosion control or\nwatershed protection project; (d) whether the necessary easements,\npermits, or other necessary rights have been obtained, and any\ncompensation agreed to be paid owners damaged thereby; (e) whether it is\nnecessary to acquire any easements or rights-of-way, and the estimated\ncost thereof; (f) the estimated cost of such improvement, and the amount\nto be paid by the owners of the land benefited thereby; (g) whether any\npart of the expenditure is to be financed under the provisions of the\nlocal finance law, and the manner of such payment; (h) whether the work\nshall be done by county employees and equipment or let to the lowest\nresponsible bidder; (i) what portions of the improvements are to be\nmaintained by the county and by the private owners of the land upon\nwhich such improvements are situate, or group of property owners in the\narea; (j) reference to a survey, or plans and estimate of such\nimprovement, which shall be made a part thereof; (k) such other\ninformation as may be deemed necessary.\n  4. Within ten days after the adoption of said resolution, the clerk of\nthe board of supervisors shall cause notice of a public hearing thereon\nto be published in the official newspapers once a week for two\npublications, and at least twenty days shall elapse from the first\npublication to the date of the hearing. The notice shall contain an\nabstract statement of the proposed project and that the survey, plans\nand estimate may be seen at the office of said clerk. A copy of such\nnotice shall be mailed to each owner from whom any easement or\nright-of-way is necessary. The public hearing may be held before the\nboard or any committee of the membership designated for that purpose.\n  5. After the public hearing, the board of supervisors may adopt a\nfinal resolution and provide therein for: (a) the necessary\nappropriation and determination as to the manner of payment of orders or\naudited claims thereon; (b) authorization, upon consent of the county\nsuperintendent of highways, for the use of county highway machinery,\ntools and equipment at a rental charge fixed by the state commissioner\nof transportation, which rental shall be paid into the county machinery\nfund; (c) authorization of contracts with town superintendents of\nhighways with approval of the respective town boards, for the rental of\ntown highway machinery, tools and equipment at a rental charge fixed by\nthe state commissioner of transportation, which rental shall be paid\ninto the town machinery fund; (d) acceptance of the services and\nfinancial aid of federal and state agencies; (e) authorization to\ncontract in the manner prescribed in section two hundred twenty-four of\nthis chapter with any organization formed for the purpose of flood\ncontrol and soil conservation; (f) directions on the manner of\nperformance of the work; (g) authorization for acquiring necessary\nrights of way pursuant to the provisions of the eminent domain procedure\nlaw.\n  6. When a resolution adopted pursuant to subdivision eleven-a of\nsection sixty-four of the town law shall have become effective, and\nfurther improvements to that already planned by such town are determined\nto be of sufficient importance and benefit to the public to warrant the\nexpenditure of county funds thereon, the board of supervisors, after a\npublic hearing held in the manner prescribed by the foregoing\nprovisions, shall have power to agree with the town board and the\nproperty owners, upon the extent of such additional improvements and\namount of the county appropriation. The improvement shall be performed\nand completed as the board of supervisors shall direct, and the town\nshall pay its share thereof into the county treasury, when so directed.\n  7. Prior to undertaking a watershed protection project for which\napplication is to be made to the secretary of agriculture of the United\nStates for federal assistance pursuant to a federal act approved the\nfourth day of August, nineteen hundred fifty-four as public law five\nhundred sixty-six and known as the "Watershed Protection and Flood\nPrevention Act," and all acts amendatory thereof and supplemental\nthereto, the board of supervisors, or the official, department, bureau,\nor agency of the county designated for that purpose, shall follow the\nprocedures and be subject to the provisions of subdivisions two, three,\nfour, five and six of section two hundred ninety-nine-n of this chapter.\n  8. A county which undertakes a watershed protection project pursuant\nto this section for which it would be eligible to receive financial\nreimbursement from the state pursuant to section two hundred\nninety-nine-w of this chapter if the project was undertaken by a small\nwatershed protection district, shall be eligible for such financial\nreimbursement in the manner and to the extent therein provided.\n  9. A county which has commenced proceedings to undertake a watershed\nprotection project or projects pursuant to the provisions of article\nfive-D of this chapter, may elect, prior to the creation or extension of\na small watershed protection district or districts therefor, to proceed\nwith the proposed watershed protection project or projects pursuant to\nthe provisions of this section and discontinue the article five-D\nproceedings. In the event of such election by a county, any proceedings\nor other action taken or approval obtained pursuant to section two\nhundred ninety-nine-n of this chapter relating to such proposed project\nor projects shall be deemed to have been taken or obtained pursuant to\nthe provisions of this section two hundred twenty-three and shall not be\nrequired to be repeated for such proposed project or projects solely\nbecause of such election. Within ten days after the adoption of a\nresolution by the board of supervisors electing to discontinue\nproceedings pursuant to article five-D of the chapter and to proceed\nwith the proposed project or projects pursuant to this section, the\nclerk of such board shall file a copy of such resolution with the water\nresources commission.\n