NY Cty L § 223 (2021)
2021 New York Laws CNT - County Article 5 - General Powers of Board of Supervisors 223 - Flood Control and Soil Conservation.

§   223.  Flood  control  and  soil  conservation.  1.  The  board  of   supervisors shall have power to, and may, appropriate and  pay  out  for   the  general improvement of agriculture and the soil such sums as it may   deem  proper  for  the  expense  of  creating   and   maintaining   soil   conservation  districts,  and  assisting  districts  in carrying out the   provisions  of  the  soil  conservation  districts  law.  The  board  of   supervisors  may by resolution, duly passed, direct the county treasurer   to pay out of moneys from such  appropriation  upon  the  order  of  the   chairman  of  the  district  directors, upon his giving a proper receipt   therefor. On or before the first day of January in each year and at  any   other  time  when  requested  by the board of supervisors, the directors   shall report in writing to the board a detailed statement  of  its  work   and  transactions  for  the preceding year ending December thirty-first,   and for any other period which the board may request and in such form as   said board may direct.2. In addition to the powers granted under the provisions of the  soil   conservation  districts  law  and chapter eight hundred sixty-two of the   laws of nineteen hundred thirty-six  as  amended,  and  after  a  public   hearing  held  pursuant  to  public notice as hereinafter provided, each   board of supervisors shall have power to appropriate and  expend  county   funds  to  protect  public  and  private property within the county from   floods, to conserve the soil  from  erosion  and  for  any  function  or   purpose  which  otherwise  may  be  undertaken  or  performed by a small   watershed protection district established pursuant to article five-D  of   this chapter.After  a  public  hearing  shall  have been held as provided herein, a   board of supervisors may appropriate each year for such purpose  without   a  further  public  hearing a sum not to exceed the sum specified in the   original notice of public hearing.  If  a  sum  in  excess  of  the  sum   specified  in  the  original  notice  of  such hearing is proposed to be   expended, a new public hearing shall be held and public notice given  as   hereinafter provided.3.  The  resolution shall recite: (a) the area of said county in which   the project and work is to be performed, and  that  it  is  believed  of   sufficient   importance  and  general  public  benefit  to  warrant  the   expenditure of county money thereon; (b) the name, if any, of any  lake,   pond,  stream,  drain  or  ditch  to  be improved; (c) the nature of the   improvement such as construction of dikes,  drains,  check-dams,  pipes,   new  or  altered  channels,  reforestation or the planting of shrubs and   plants, or otherwise by the  creation  of  a  soil  erosion  control  or   watershed  protection  project;  (d)  whether  the  necessary easements,   permits,  or  other  necessary  rights  have  been  obtained,  and   any   compensation agreed to be paid owners damaged thereby; (e) whether it is   necessary  to  acquire any easements or rights-of-way, and the estimated   cost thereof; (f) the estimated cost of such improvement, and the amount   to be paid by the owners of the land benefited thereby; (g) whether  any   part  of  the  expenditure is to be financed under the provisions of the   local finance law, and the manner of such payment; (h) whether the  work   shall  be  done  by  county employees and equipment or let to the lowest   responsible bidder; (i) what portions of  the  improvements  are  to  be   maintained  by  the  county  and  by the private owners of the land upon   which such improvements are situate, or group of property owners in  the   area;  (j)  reference  to  a  survey,  or  plans  and  estimate  of such   improvement, which  shall  be  made  a  part  thereof;  (k)  such  other   information as may be deemed necessary.4. Within ten days after the adoption of said resolution, the clerk of   the  board of supervisors shall cause notice of a public hearing thereon   to be  published  in  the  official  newspapers  once  a  week  for  two    publications,  and  at  least  twenty  days  shall elapse from the first   publication to the date of the hearing.  The  notice  shall  contain  an   abstract  statement  of  the proposed project and that the survey, plans   and  estimate  may  be  seen at the office of said clerk. A copy of such   notice shall  be  mailed  to  each  owner  from  whom  any  easement  or   right-of-way  is  necessary.  The  public hearing may be held before the   board or any committee of the membership designated for that purpose.5. After the public hearing, the board  of  supervisors  may  adopt  a   final   resolution   and   provide   therein   for:  (a)  the  necessary   appropriation and determination as to the manner of payment of orders or   audited claims thereon; (b) authorization, upon consent  of  the  county   superintendent  of  highways,  for  the use of county highway machinery,   tools and equipment at a rental charge fixed by the  state  commissioner   of  transportation, which rental shall be paid into the county machinery   fund; (c)  authorization  of  contracts  with  town  superintendents  of   highways  with approval of the respective town boards, for the rental of   town highway machinery, tools and equipment at a rental charge fixed  by   the  state  commissioner  of  transportation, which rental shall be paid   into the town  machinery  fund;  (d)  acceptance  of  the  services  and   financial  aid  of  federal  and  state  agencies;  (e) authorization to   contract in the manner prescribed in section two hundred twenty-four  of   this  chapter  with  any  organization  formed  for the purpose of flood   control  and  soil  conservation;  (f)  directions  on  the  manner   of   performance  of  the  work;  (g)  authorization  for acquiring necessary   rights of way pursuant to the provisions of the eminent domain procedure   law.6. When a resolution  adopted  pursuant  to  subdivision  eleven-a  of   section  sixty-four  of  the  town  law shall have become effective, and   further improvements to that already planned by such town are determined   to be of sufficient importance and benefit to the public to warrant  the   expenditure  of  county funds thereon, the board of supervisors, after a   public  hearing  held  in  the  manner  prescribed  by   the   foregoing   provisions,  shall  have  power  to  agree  with  the town board and the   property owners, upon the extent of  such  additional  improvements  and   amount  of  the county appropriation. The improvement shall be performed   and completed as the board of supervisors shall  direct,  and  the  town   shall pay its share thereof into the county treasury, when so directed.7.  Prior  to  undertaking  a  watershed  protection project for which   application is to be made to the secretary of agriculture of the  United   States  for  federal  assistance  pursuant to a federal act approved the   fourth day of August, nineteen hundred fifty-four  as  public  law  five   hundred  sixty-six  and  known  as  the  "Watershed Protection and Flood   Prevention Act,"  and  all  acts  amendatory  thereof  and  supplemental   thereto,  the board of supervisors, or the official, department, bureau,   or agency of the county designated for that purpose,  shall  follow  the   procedures  and be subject to the provisions of subdivisions two, three,   four, five and six of section two hundred ninety-nine-n of this chapter.8. A county which undertakes a watershed protection  project  pursuant   to  this  section  for  which  it would be eligible to receive financial   reimbursement  from  the  state  pursuant   to   section   two   hundred   ninety-nine-w  of  this chapter if the project was undertaken by a small   watershed protection district, shall  be  eligible  for  such  financial   reimbursement in the manner and to the extent therein provided.9.  A  county which has commenced proceedings to undertake a watershed   protection project or projects pursuant to  the  provisions  of  article   five-D of this chapter, may elect, prior to the creation or extension of   a  small watershed protection district or districts therefor, to proceed   with the proposed watershed protection project or projects  pursuant  to    the  provisions  of  this  section  and  discontinue  the article five-D   proceedings. In the event of such election by a county, any  proceedings   or  other  action  taken  or  approval  obtained pursuant to section two   hundred  ninety-nine-n of this chapter relating to such proposed project   or projects shall be deemed to have been taken or obtained  pursuant  to   the provisions of this section two hundred twenty-three and shall not be   required  to  be  repeated  for such proposed project or projects solely   because of such election. Within  ten  days  after  the  adoption  of  a   resolution   by   the  board  of  supervisors  electing  to  discontinue   proceedings pursuant to article five-D of the  chapter  and  to  proceed   with  the  proposed  project  or  projects pursuant to this section, the   clerk of such board shall file a copy of such resolution with the  water   resources commission.