2023 New York Laws › SWC - Soil and Water Conservation Districts › Article 1 - Short Title; Declaration of Policy; Definitions › 3 - Definitions.

§ 3. Definitions. Wherever used or referred to in this chapter, unless
a  different meaning clearly appears from the context: (1) "District" or
"soil and water conservation district" means a  county  whose  board  of
supervisors  has  by  resolution  declared  said county to be a soil and
water conservation district.
(2) "Director" means one member of the governing body of  a  district,
appointed in accordance with the provisions of this chapter.
(3) "Committee" or "state soil and water conservation committee" means
the agency created in section four of this chapter.
(4) "State" means the state of New York.
(5)  "Agency  of this state" includes the government of this state and
any subdivision, agency, or instrumentality, corporate or otherwise,  of
the government of this state.
(6)  "United  States"  or "agencies of the United States" includes the
United States of America, the soil conservation service  of  the  United
States   department   of   agriculture,   and   any   other   agency  or
instrumentality,  corporate  or  otherwise,  of  the  United  States  of
America.
(7)  "Government"  or  "governmental"  includes the government of this
state, the government of the United States, and any subdivision, agency,
or instrumentality, corporate or otherwise of either of them.
(8) "County board" means  the  county  board  of  supervisors  of  any
county.
(9)  "Land  occupier" or "occupier of land" includes any person, firm,
corporation, or governmental unit who shall hold title to, or  shall  be
in  possession of, any lands lying within a district organized under the
provisions of this chapter, whether as owner, lessee, renter, tenant  or
otherwise.
(10)  "Agriculture land" shall be defined as any landholding exceeding
twenty-five acres which is used by the owner or occupier of the land for
the raising of any agricultural or forestry products, provided, however,
that concentrated agricultural operations on landholdings of  less  than
twenty-five acres shall be included in the term.
(11) "Concentrated agricultural operations" shall be as defined as any
form   of   agricultural   operation   including  feedlots  and  poultry
operations, which  produces,  because  of  its  confined  nature,  large
amounts of animal and related wastes in a limited area as defined by the
State Soil and Water Conservation Committee.
(12) "Soil and water conservation plan" shall be defined as a document
containing  proposals  for  the conservation of soil and water resources
and which provides an orderly method for  landowners  and  occupiers  to
follow  in  limiting  soil erosion and reducing the amount of pollutants
entering into the waters or on the lands of the state.
(13)  "Nonpoint  source"  means  any  source  of  water  pollution  or
pollutants,   as   defined  in  section  17-0105  of  the  environmental
conservation law, which is not a discrete  conveyance  or  point  source
permitted  pursuant  to title seven or eight of article seventeen of the
environmental conservation law.
(14) "Nonpoint source abatement and control program" means  a  program
of  activities  and projects for the abatement and reduction of nonpoint
source  pollution  through  the  implementation   of   best   management
practices.
(15)  "Agricultural  nonpoint  source  abatement  and control program"
means a program consisting of activities and projects for the  abatement
and  reduction  of  water  pollution  from agricultural nonpoint sources
through the installation, operation and maintenance of  best  management
practices.  Such program shall address agriculturally related activities
and their impact on water quality and shall include, but not be  limited

to,  activities  and  projects  for  controlling  losses  from  the land
including nutrients, particularly nitrogen  and  phosphorus,  pathogens,
toxic  contamination  of  surface  waters  and  groundwaters  from heavy
metals,  pesticides and other organic substances, and for the prevention
of siltation and eutrophication of  streams,  rivers,  lakes  and  other
water bodies.
(16)  "Best  management  practices" means a practice or combination of
practices determined to be the most effective, economically feasible and
practicable means of  preventing  or  reducing  pollution  generated  by
nonpoint sources.
(17)  "Priority  water  body"  means  a  water  body identified by the
commissioner of environmental conservation pursuant to  section  17-1407
of the environmental conservation law.
(18) "Recreational use" means any activity undertaken out of doors for
purposes of mental or physical enjoyment and relaxation and may include,
but  shall  not  be  limited  to,  hunting,  fishing, canoeing, boating,
trapping,  hiking,  cross   country   skiing,   tobogganing,   sledding,
speleological   activities,   horseback  riding,  bicycle  riding,  hang
gliding,  motorized  vehicle  operation   for   recreational   purposes,
snowmobile operation and training of dogs.