NY Soil & Wat Cons Dists L § 9 (2021)
2021 New York Laws SWC - Soil and Water Conservation Districts Article 2 - State Soil and Water Conservation Committee, Soil and Water Conservation Districts, and Other Functions 9 - Powers of Districts and Directors.

§  9.  Powers  of districts and directors. The directors of a soil and water conservation district shall have the following powers, in addition to others granted in other sections of this chapter:  (1) To conduct surveys, investigations, and research relating  to  the character of soil erosion, floodwater, sediment damages, nonpoint source water  pollution,  and  the  preventive  and control measures needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures; provided, however, that  in  order  to  avoid  duplication  of  research activities,  no  district  shall initiate any research program except in cooperation with the New York state  college  of  agriculture,  and  any agency  of  the  state  or  of  the United States as may be dealing with allied problems;  (1-a). To authorize officers and employees to perform such  duties  as are  necessary  for  the  operation  of  the  district.  Directors while performing such duties or assignments shall be compensated  pursuant  to section seven of this article;  (1-b). To establish and abolish positions of employment and to fix the compensation   and  time  of  payment  thereof  and  of  the  secretary, treasurer, assistant treasurer and other officers and employees;  (1-c) The board of directors of a soil and water conservation district may authorize the treasurer to establish and maintain a petty cash fund, not in excess of  two  hundred  fifty  dollars,  for  specific  district purposes  or  undertakings,  from which may be paid in advance of audit, properly  itemized  and  verified  or  certified  bills  for  materials, supplies  or  services  furnished to the district for the conduct of its affairs and upon terms calling for the payment of  cash  to  the  vendor upon  the delivery of any such materials or supplies or the rendering of any such services. Lists of all expenditures made from such  petty  cash fund  shall  be  presented  to  the  board  of directors at each regular meeting thereof, together with the bills supporting  such  expenditures, for  audit  and  the board shall direct reimbursement of such petty cash fund from any district moneys in an amount equal to the  total  of  such bills  which  it  shall  so  audit  and  allow. Any of such bills or any portion of any such bills as shall be disallowed upon audit shall be the personal  responsibility  of  the  treasurer  and  such  official  shall forthwith  reimburse  such  petty  cash  fund  in  the  amount  of  such disallowances;  (1-d). To authorize the district treasurer to establish revolving fund accounts for specific administrative and operational accounts, which may be carried from one  fiscal  year  to  another,  and  to  authorize  the district  treasurer temporarily to deposit or invest moneys not required for immediate expenditure  in  special  time  deposit  accounts  in,  or certificates  of  deposit issued by, a bank or trust company located and authorized to do business in this state,  provided  however,  that  such time  deposit  account or certificate of deposit shall be payable within such time as the proceeds shall be needed to meet expenditures for which such moneys were obtained and provided further that such  time  deposits or  certificate  of deposit be secured by a pledge of obligations of the United States of America or obligations of the  state  of  New  York  or obligations  of any municipality school district or district corporation of the state of New York.  (2) To carry out preventive and control measures within  the  district including,  but  not  limited  to,  engineering  operations,  methods of cultivation, the growing of vegetation and changes in use  of  land  and drainage,  irrigation and other agricultural water management operations and measures for the prevention of floodwater and sediment  damages,  or for  the control and abatement of nonpoint sources of water pollution on  lands owned or controlled by this state or any of its agencies, with the consent  and  cooperation  of  the  agency  administering   and   having jurisdiction  thereof,  and  on any other lands within the district and, notwithstanding  any  general, special, local or other provision of law, including  the  lands  of  directors,  officers  or  employees  of  said district,  upon  obtaining  the consent of the occupier of such lands or the necessary rights or interests in such lands;  (3) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to, any agency, governmental or otherwise, or any  occupier of  lands  within the district, in carrying on of erosion-control, flood prevention  and  sediment  damage  prevention  operations,  control  and abatement   of  nonpoint  sources  of  water  pollution,  and  land  use adjustments including ditching, draining and  flood  control  operations for  effective  conservation  and  utilization  of  the lands and waters within the district, subject to such conditions  as  the  directors  may deem necessary to advance the purposes of this chapter;  (4)  To  obtain  options  upon  and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain,  administer,  and improve  any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and to sell, lease, or otherwise dispose  of  any  of  its property  or  interests  therein  in furtherance of the purposes and the provisions of this chapter;  (4-a) To acquire, by purchase, exchange,  gift,  bequest,  devise,  or otherwise,  a conservation easement as defined in section 49-0303 of the environmental conservation  law;  to  hold,  maintain,  administer,  and improve, in compliance with any such easement and title three of article forty-nine  of  the  environmental  conservation  law,  any conservation easements acquired; to enforce  any  of  the  terms  of  a  conservation easement,  either  as  a holder of an acquired easement or under a third party  enforcement  right,  as  defined  in  section  49-0303   of   the environmental   conservation   law,   granted   to  the  district  in  a conservation  easement;  to  receive  any  income  from   the   holding, maintenance,  administration, improvement or enforcement of conservation easements as authorized in this subdivision and to expend such income in carrying out the  purposes  and  provisions  of  this  chapter;  and  to extinguish  any  such  conservation  easements  in  compliance with such easement and title three of  article  forty-nine  of  the  environmental conservation  law, in furtherance of the purposes and provisions of this chapter.  (5) To make available, on such terms as it shall  prescribe,  to  land occupiers  within  the  district, agricultural and engineering machinery and equipment, fertilizer, seeds, and seedlings, and such other material or equipment, as will assist such land occupiers to carry on  operations upon  their lands for the effective conservation and utilization of soil and water resources, prevention and control of soil erosion,  prevention of floodwater and sediment damages, and for the control and abatement of nonpoint sources of water pollution;  (6)  To  construct,  improve,  and  maintain such structures as may be necessary or convenient for the performance of  any  of  the  operations authorized  in  this  chapter,  provided,  however, that no agreement or contract for the maintenance of such a structure, improvement  or  other works  shall be valid or create any liability against the county, unless such agreement or contract shall have been approved by the county  board by resolution duly adopted;  (7) (a) To develop and update comprehensive plans for the conservation of  soil  and  water  resources, control and prevention of soil erosion, prevention of floodwater and sediment damages, control and abatement  of nonpoint   sources  of  water  pollution,  and  for  agricultural  water management within the district, which plans shall specify in such detail as  may  be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the  effectuation  of  such  plans, including  the  specification  of  engineering  operations,  methods  of cultivation, the  growing  of  vegetation,  cropping  programs,  tillage practices, and changes in the use of land; and to publish such plans and information and bring them to the attention of occupiers of lands within the  district;  provided, however, that in order to avoid duplication of educational activities no district shall  publish  any  such  plans  and information  except  in  cooperation  with the New York state college of agriculture and  with  the  approval  of  the  state  soil  conservation committee;   and   otherwise   assist   in  the  administration  of  the agricultural environmental management (AEM)  program  as  set  forth  in article  eleven-A  of the agriculture and markets law. Plans prepared by districts shall utilize and incorporate  to  the  extent  practical  and appropriate  existing soil and water conservation plans for agricultural land within the district;  (b) (i) Upon the determination of any such board  that  conditions  in the  district  are  appropriate,  develop  a plan to promote one or more recreational programs applicable to privately owned or leased lands  and waters which plan may include:  (1)  an  analysis of the amount of open land and water in the district and the amount of such land and water which is posted and not posted;  (2) a determination of the potential for obtaining permission from the owners or lessees of open lands and waters  to  obtain  access  to  such lands and waters for recreational use;  (3)  the  terms and conditions under which such land and waters may be made accessible for one or more recreational uses;  (4) the potential for the creation of employment opportunities for the owners and lessees of  the  lands  and  waters  or  their  relatives  or neighbors in the event such plan is implemented;  (5)  the potential for encouraging tourism and the impact thereof upon the land and water to be included in the plan; upon local governments in the district, including additional tax revenues and the impact  of  such revenues, if any, upon the owners or lessees of the lands and waters;  (6) the type of recreational use, the times of such use and the impact thereof upon the lands and waters; and  (7)  a method of involving interested community agencies and groups in plan development and implementation.  (ii) Such plan may also  include  a  description  of  the  activities, program  and  strategies intended to be used to promote recreational use of the lands and waters, which uses shall be compatible with the primary use of the land and which may enhance the  economic  well-being  of  the owner of the land as well as the economic viability of the general area. Included  in  such  plan shall be rules that may be amended from time to time and may include but shall not be limited to:  (1) the location and identification of the  lands  and  waters  to  be included  in  the  plan  and  the uses to be permitted on such lands and waters;  (2)  a  method  of  identifying  the  users  of  such  lands   and   a determination  of  the method by which users of lands may be charged, in the event charges are imposed;  (3) rules relating to the conduct of persons using such lands;  (4) the method by which  the  owners  of  such  lands  or  waters  are protected  from actions that may be brought against them by the users of such lands or waters or other persons as a result of  the  use  of  such lands  or  waters,  which  method may include blanket insurance or other method  of  insurance  to be made available or some acceptable method of indemnification;  (5) rules relating to the time when such lands may  be  used  and  the purpose of such use at such time;  (6)  a  method  by which collected charges are used and distributed to the owners or lessees of such lands and waters;  (7) a method by which a landowner who has consented to be included  in the plan may withdraw from such plan;  (8)  a  procedure by which lands, including waters wholly or partially on such lands or adjacent thereto, will be stocked with fish or game  to continue the viability of the plan; and  (9)  a  method of marketing the use of recreational lands with respect to potential patrons.  (iii) The district board may develop  and  implement  the  plan  after consultation  with  interested  farm, recreational and open space groups including,  but  not  limited  to:  county  agricultural  and   farmland protection  boards,  municipalities,  regional  and/or  state  fish  and wildlife  boards,  and  county-based  offices  of  Cornell   cooperative extension.  (8)  To act as agent for the United States, or any of its agencies, or for  this  state  or  any  of  its  agencies,  in  connection  with  the acquisition,  construction,  operation, maintenance or administration of any   soil-conservation,   erosion-control,    or    erosion-prevention, agricultural   water   management,  flood  prevention,  sediment  damage prevention, or nonpoint source water  pollution  control  and  abatement project   within   its  boundaries;  to  accept  donations,  gifts,  and contributions in money,  services,  materials  or  otherwise,  from  the United  States  or any of its agencies, or from this state or any of its agencies, or from any other source, and to use or  expend  such  moneys, services,   materials,   or  other  contributions  in  carrying  on  its operations;  (9) To sue and be sued in the name of the district, to  have  a  seal, which  seal  shall  be  judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the  exercise  of  its powers;  to  make,  and  from  time  to  time amend and repeal rules and regulations not inconsistent with this chapter, to carry into effect its purposes and powers;  (10) As a condition to  the  extending  of  any  benefits  under  this chapter  to  or  the  performance  of  work upon, any lands not owned or controlled by this state or any  of  its  agencies,  the  directors  may require  contributions in money, services, materials or otherwise to any operations conferring such benefits, and may require land  occupiers  to enter  into and perform such agreements or covenants as to the long term use of such lands as will tend to prevent or  control  erosion,  prevent floodwater  and  sediment damages, control and abate nonpoint sources of water  pollution,  and  make  for  more  effective  agricultural   water management thereon;  (11)  No  provisions  with  respect  to the acquisition, operation, or disposition of property by other public bodies shall be applicable to  a district  organized hereunder, unless the legislature shall specifically so state;  (12) (a) A county may, on recommendation of the county  superintendent of highways, permit the use of any street or highway machinery, tools or  equipment owned by the county, by a soil and water conservation district created  under and pursuant to the soil and water conservation districts law, upon such terms as may be agreed  upon  but  with  payment  to  the county  of  not  less  than  the  hourly  rate  as  fixed  by  the state commissioner  of  transportation  for  the  rental  or  hiring  of  such machinery, tools or equipment by the county. Moneys received by a county pursuant to the provisions of this section shall be paid into the county road machinery fund.  (b)  A  town superintendent of highways, with the approval of the town board and of the county  superintendent,  may  permit  the  use  of  any highway  machinery,  tools or equipment owned by the town, by a soil and water conservation district created under and pursuant to the  soil  and water  conservation districts law, upon such terms as may be agreed upon but with payment to the town of not less than the hourly rate  as  fixed by  the state commissioner of transportation for the rental or hiring of such machinery, tools or equipment by the town.  Moneys  received  by  a town  pursuant to the provisions of this section shall be applicable for the purposes for which amounts may be raised as provided in  subdivision three of section two hundred seventy-one of the highway law.  (c) The state commissioner of transportation may permit the use of any street  or highway machinery, tools or equipment owned by the state by a soil and water conservation district created under and pursuant  to  the soil  and  water  conservation  districts  law, under the same terms and conditions as provided for the use of county  owned  equipment  by  such districts.  (d)  No  such  machinery,  tools and equipment shall be so leased to a soil and water conservation district unless (1) adequate insurance shall be secured thereon which will protect the county, town or state, as  the case  may  be,  in  the  event  of  the loss of or damage to such leased machinery, tools and equipment by reason  of  fire  and  theft  and  (2) adequate  liability  and  property damage insurance shall be secured for the protection of the county, town or state, as the case  may  be,  upon all  machinery  and  equipment  operated,  or  propelled, by motors. The determination of what shall be "adequate" insurance  shall  be  made  by resolution  of the board of supervisors of the county, the town board of a town, or the state commissioner of transportation, as the case may be, and no officer or official of any such county, town, or  of  the  state, shall be held personally responsible to such county, town, the state, or to  third  persons  should  such  insurance  in  any  event  prove to be inadequate in amount. The cost of any such insurance shall be  paid  for by the district in addition to the payments hereinabove provided.  (e)  If  any such agreement between a county, a town, the state, and a district shall provide that the equipment,  tools  or  machinery  leased shall  be operated by an employee of the county, town, or the state, any such employee, regardless of the terms of such contract, shall  continue to  be  paid by and to be an employee of the county, town, or the state, and shall be considered as such  for  any  and  all  purposes,  and  the agreement between the county, town, or the state, and the district shall provide  for  the  payment  by  the district to the county, town, or the state, of amounts at least equal to  the  compensation  which  any  such employee  shall  receive  from the county, town or the state. The moneys received by a county, town, or  the  state,  for  reimbursement  of  the compensation  of such employees shall be credited to the fund from which such compensation was paid while such equipment, tools or machinery  was leased.  (13)  The  directors  may call upon the county attorney for such legal services as the district may  require  and  the  county  attorney  shall render such service;  (14)  Within  the  limits  of  appropriations  made available for such purposes, to annually expend in such district the actual  and  necessary expenses  of  maintaining  and  continuing  the  New York soil and water conservation district's association and any of its  activities  in  this state for the purpose of devising practical ways and means for obtaining greater economy and efficiency in soil and water conservation;  (15)  Whenever  the work relating to soil erosion and other preventive control  measures  proposed  by  the  directors  of  a  soil  and  water conservation  district  shall  benefit  the  highways, bridges, or other property of the county or  town,  either  by  repair  of  actual  damage inflicted,  or  prevention  of  damage  likely  to be inflicted by flood waters  or  erosion,  the  county  or  town  shall  be  authorized  when permission  is  granted  by the proper authorities thereof to contribute necessary funds, or to loan equipment, or furnish to them necessary  aid without charge for the use of such equipment for the work to be done for the  particular  improvement.  No  such  funds contributed, or equipment loaned, or aid furnished, shall be used  except  for  work  which  shall benefit such municipality so furnishing the same.   * (16)  Within  the  limits  of appropriations made available for such purposes, to  undertake  a  public  information  and  education  program regarding  the principles and practices of preservation and conservation of the soil and water resources of this state set forth in  section  two of this chapter.   * NB There are 2 sb (16)'s   * (16)  To  carry out preventative and control measures for the spread of prohibited and regulated species pursuant to section  9-1709  of  the environmental conservation law.   * NB There are 2 sb (16)'s