2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 3 - State Soil Conservation Districts › Section 8-306 - Powers of Supervisors

(a)    A soil conservation district constitutes a political subdivision of the State, and a public body corporate and politic, exercising public powers. The supervisors may:
(1)    Conduct surveys, investigations, and research relating to the character of soil erosion and the preventive and control measures needed and publish the results, if the research program is executed in cooperation with the State, the United States, or any of their agencies;
(2)    Disseminate information concerning preventive and control measures;
(3)    Conduct demonstration projects within the district on State owned or controlled land, with the cooperation of the agency administering and having jurisdiction of them, or on any land within the district upon obtaining the consent of the land occupier or the possessor of the necessary rights or interests in the land, in order to demonstrate by example the means, methods, and measures for conserving soil and soil resources, and preventing and controlling soil erosion in the form of soil blowing and washing;
(4)    Carry out preventive and control measures within the district including engineering operations, cultivation methods, the growing of vegetation, changes in land use, and the measures listed in § 8–102(c) of this title, on State owned or controlled land, with the cooperation of the agency administering and having jurisdiction of them, or on any other land within the district upon obtaining the consent of the land occupier or the possessor of the necessary rights or interests in the land;
(5)    Cooperate or enter into agreements with any person to furnish financial or other aid to any government or private agency or any land occupier within the district, in carrying on erosion control and prevention operations within the district, subject to conditions the supervisors deem necessary to advance the purposes of this subtitle;
(6)    Obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, or otherwise, any real or personal property or rights or interests in it, which shall be exempt from State, county, or municipal taxation;
(7)    Maintain, administer, and improve any acquired properties, receive income from the properties and expend the income to carry out the purposes and provisions of this subtitle;
(8)    Sell, lease, or otherwise dispose of its property or interests in it to further the purposes and the provisions of this subtitle;
(9)    Make available to land occupiers within the district, on terms the supervisors prescribe, agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, and other material or equipment, to assist land occupiers in conserving soil resources and preventing and controlling soil erosion;
(10)    Construct, improve, and maintain structures necessary or convenient for the performance of any of the operations authorized in this title;
(11)    Develop comprehensive plans for conserving soil resources and controlling and preventing soil erosion within the district, if the plans specify in reasonable detail, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of the plans, including the specification of engineering operations, cultivation methods, the growing of vegetation, cropping programs, tillage practices, and changes in land use;
(12)    Publish the plans and information and bring them to the attention of land occupiers within the district;
(13)    Take over, by purchase, lease, or otherwise, and administer any soil conservation, erosion control, or erosion prevention project located within the district undertaken by the United States, the State, or any of their agencies;
(14)    Act as agent for the United States, the State, or any of their agencies, in connection with the acquisition, construction, operation, or administration of any soil conservation, erosion control, or erosion prevention project within its boundaries;
(15)    Accept gifts in money, services, materials, or otherwise from the United States, the State, or any of their agencies and to use or expend them to carry out the operations of the districts;
(16)    Borrow money on its negotiable paper to carry out its powers and duties;
(17)    Approve or disapprove plans for clearing, grading, transporting, or otherwise distributing soil pursuant to § 4–105(a) of the Environment Article and to adopt general criteria and specific written recommendations concerning the control of erosion and siltation of pollution associated with these activities;
(18)    Recommend a fee system to cover the cost of reviewing the grading and sediment control plans. Subject to § 8–311 of this subtitle, any recommended fee shall take effect upon enactment by the local governing body. Any fees collected pursuant to this fee system shall be supplementary to county and State funds and may not (i) be used to reduce county or State funds, and (ii) exceed the cost of reviewing the plans;
(19)    Establish and implement a fee system to cover the cost of inspecting sites with approved sediment control plans pursuant to a contractual agreement with the Department of the Environment under § 4–103(f) of the Environment Article;
(20)    Sue and be sued in the name of the district; have a seal which shall be judicially noticed; have perpetual succession unless terminated; make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and adopt, amend, and repeal, rules and regulations not inconsistent with this title, to effectuate its purposes and powers;
(21)    Provide contracting services, equipment, and supplies to landowners; establish prices for the sale of these items; and promulgate any rule or regulation necessary to implement these powers; and
(22)    In addition to the powers enumerated in this title, displace or limit economic competition in the exercise of any power specified in this title; provided that the powers granted to a district pursuant to this paragraph shall not be construed:
(i)    To grant to the district powers in any substantive area not otherwise granted to the district by other public general or public local law;
(ii)    To restrict the district from exercising any power granted to the district by other public general or public local law or otherwise;
(iii)    To authorize the district or its officers to engage in any activity which is beyond their power under other public general law, public local law, or otherwise; or
(iv)    To preempt or supersede the regulatory authority of any State department or agency under any public general law.
(b)    (1)    The supervisor shall maintain information from a soil conservation and water quality plan in a manner that protects the identity of the person for whom the plan is prepared. However, the supervisors shall make a soil conservation and water quality plan available to the Department of the Environment for enforcement action under § 4–413 of the Environment Article and the Maryland Department of Agriculture which may use the information for statistical purposes.
(2)    The Department shall:
(i)    Maintain the information in the manner that protects the identity of the person for whom the plan is prepared; and
(ii)    Make any information from a plan available to the Maryland Department of the Environment to support the development of a compliance or enforcement case for purposes of addressing an existing water quality problem in accordance with procedures established between the departments and the State Soil Conservation Committee.
(c)    As a condition to extending any benefit of this title to any land not owned or controlled by the State or any of its agencies, or to performing work on them, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring benefits, and may require the land occupier to enter into and perform agreements or covenants concerning the permanent use of the land as tends to prevent or control erosion.
(d)    The supervisors of two or more districts may cooperate with one another in the exercise of any powers conferred by this title.
(e)    No provision relating to acquisition, operation, or disposition of property by other public bodies is applicable to a district, unless the provision specifically so states.