2023 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