NY-SWC Soil & Water Conservation Districts Law NY

Section 1. Short title. This chapter shall be known and cited as the

"soil and water conservation districts law".

Declaration of policy. (1) Preservation of soil and water

resources. It is hereby declared to be the policy of the legislature to

provide for the conservation of the soil and water resources of this

state, and for the improvement of water quality, and for the control and

prevention of soil erosion and for the prevention of floodwater and

sediment damages and for furthering the conservation, development,

utilization and disposal of water, and thereby to preserve natural

resources, control and abate nonpoint sources of water pollution, assist

in the control of floods, assist in the drainage and irrigation of

agricultural lands, prevent impairment of dams and reservoirs, assist in

maintaining the navigability of rivers and harbors, preserve wildlife,

protect the tax base, protect public lands, and protect and promote the

health, safety and general welfare of the people of this state.

(2) Promotion of soil health and resiliency. It is further declared

the policy of the legislature to promote the health and resiliency of

New York's agricultural soils, including the biological, physical, and

chemical components of such soils, to sustain agricultural plants and

animals, produce a healthy, affordable food supply, promote climate

resilient farming and the reduction of agricultural greenhouse gas

emissions, and further protect and promote natural resources and the

health, safety and welfare of the people of this state.

(3) Utilizing resources to enhance the quality of life. It is further

declared the policy of the legislature to encourage the use of

agricultural land for recreational uses which are consistent with the

primary use of such land while, at the same time, promoting additional

tourism and employment opportunities and income for landowners in rural

areas and enhancing the quality of life of persons not otherwise able to

obtain access to agricultural land for recreational uses.

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.

State soil and water conservation committee. (1) There is

established in the department of agriculture and markets, the state soil

and water conservation committee as an agency of this state which

committee shall exercise the functions conferred upon it in this

chapter. The administrative functions of such department under the

agriculture and markets law shall not operate or be applied in

derogation of the powers of the committee, or of the free exercise

thereof, as conferred by this chapter. The following shall serve as

members of the committee: five interested and qualified citizens to be

appointed by the governor, one of whom shall be appointed from a list of

nominees submitted by the state grange, one of whom shall be appointed

from a list of nominees submitted by the state farm bureau federation,

one of whom shall be appointed from a list of nominees submitted by the

New York Soil Conservation Districts Association, Inc., one of whom

shall be appointed at large, who shall represent the farm interest, and

a fifth member appointed at large who shall represent the urban,

suburban and rural non-farm landowner interest; the director of the

state agricultural extension service, or his or her designated

representative; the dean of the state college of agriculture and life

sciences, or his or her designated representative; the president of the

college of environmental science and forestry of the state university of

New York, or his or her designated representative; the commissioner of

environmental conservation, or his or her designated representative; the

commissioner of agriculture and markets, or his or her designated

representative; the commissioner of health, or his or her designated

representative; the secretary of state, or his or her representative; a

representative of the New York State Conservation District Employees'

Association; and the state conservationist of the soil conservation

service of the United States department of agriculture, or his

designated representative. The five lay members shall be the voting

members. The balance of the committee will serve in an advisory or

consulting capacity. The committee shall keep a record of its official

actions, and may perform such acts, and promulgate such rules and

regulations as may be necessary for the execution of its functions under

this chapter. After April twenty-third, nineteen hundred sixty-four, the

first appointment of the member chosen from a list submitted by the New

York soil and water conservation districts association shall be made of

a successor to the member representing the state grange whose term first

expires, and the first appointment of the member representing non-farm

interests shall be made of a successor to the member representing the

New York farm bureau whose term first expires.

(2) The committee may call upon the attorney-general of the state for

such legal services as it may require. It shall have authority to

delegate to its chairman, to one or more of its members, or to one or

more agents or employees such powers and duties as it may deem proper.

Upon request of the committee for the purpose of carrying out any of its

functions, the supervising officer of any state agency, or of any state

institution of learning shall, insofar as may be possible under

available appropriations, and having due regard to the needs of the

agency to which the request is directed, assign or detail to the

committee members of the staff or personnel of such agency or

institution of learning, and make such special reports, surveys or

studies as the committee may request.

(3) The committee shall designate its chairman and may from time to

time change such designation. The lay members shall be appointed for a

period of five years, except that the first five appointed shall be

designated to serve terms of one, two, three, four and five years

respectively, the terms of office to correspond to the state's fiscal

year. Committee members shall hold office until their successors have

been appointed and have qualified. The selection of successors to fill a

vacancy shall be made in the same manner in which the retiring committee

members shall have been selected. A majority of the committee shall

constitute a quorum and the concurrence of a majority in any matter

within their duties shall be required for its determination. The members

shall not receive a salary or other compensation, but shall be entitled

to their actual and necessary expenses, including traveling expenses

incurred in the discharge of their duties. The committee shall provide

for the keeping of a full and accurate record of all proceedings and of

all resolutions, regulations, and orders issued or adopted; and shall

provide for an annual audit of the accounts of receipts and

disbursements.

(4) In addition to the duties and powers hereinafter conferred upon

the state soil and water conservation committee, it shall have the

following duties and powers:

a. To adopt such policies in the carrying out of district programs as

it deems appropriate;

b. To keep the directors of each of the several districts organized

under the provisions of this act informed of the activities and

experience of all other districts organized hereunder, and to facilitate

an interchange of advice and experience between such districts and

cooperation between them;

c. To approve and coordinate the programs of the several soil and

water conservation districts organized hereunder;

d. To secure the cooperation and assistance of the United States and

any of its agencies, and of agencies of this state, in the work of such

districts;

e. To disseminate information throughout the state concerning the

activities and programs of the soil and water conservation districts

organized hereunder, and to encourage the formation of such districts in

areas where their organization is desirable;

f. To accept contributions from any source to carry on work under the

provisions of this chapter;

g. To develop and maintain principles and standards for, and

procedures for participating in, the agricultural environmental

management (AEM) program in partnership with the department of

environmental conservation, as set forth in article eleven-A of the

agriculture and markets law;

h. To develop evaluation criteria, collect, maintain and analyze

information to assess the AEM program for effectiveness in meeting state

and federal environmental and public health goals;

i. To coordinate and approve the participation of the several

districts in the AEM program as set forth in article eleven-A of the

agriculture and markets law;

j. To coordinate and approve the participation of the several

districts in support of soil health and climate resilient farming as set

forth in article eleven-B of the agriculture and markets law.

Farm drain tile revolving loan program. (1) Definitions. (a)

"Farm drain tile project." A specific work or improvement that is

undertaken by an agricultural producer for the construction or

improvement of drain tile for the purpose of enhancing farm fields.

(b) "Local loan administrator." A farm credit bureau or member of the

farm credit system or a banking institution or non-governmental

organization with a demonstrated ability to provide financial assistance

and service to agricultural rural areas, that have entered into a master

servicing agreement prescribed pursuant to subdivision two of this

section.

(2) Master servicing agreement. (a) The state soil and water

conservation committee ("committee") is hereby authorized to use the

monies held in the farm drain tile revolving loan fund to make advances

to a local loan administrator that has entered into a written master

servicing agreement prescribed by the committee pursuant to paragraph

(b) of this subdivision.

(b) The committee, in consultation with the comptroller, shall

prescribe a master servicing agreement to be executed by the committee

and local loan administrators. Such agreement shall provide that: (i)

any advances made to a local loan administrator shall be used solely for

the purpose of providing loans to agricultural producers for undertaking

farm drain tile projects; (ii) the total amount of loans made to any

single agricultural producer shall not exceed fifty thousand dollars per

annum; (iii) the term of any loan shall not exceed ten years and equal

payments of principal payable no less frequently than annually shall be

required to be made on such loan during the term such loan is

outstanding which payments will liquidate the entire principal balance

of the loan over its term; (iv) the local loan administrator is required

to pay to the committee for deposit into the farm drain tile revolving

loan fund all repayments including interest, if any, received from any

agricultural producers on account of such loan, except for that portion

permitted to be retained by the local loan administrator as a fee

pursuant to the master servicing agreement. The master servicing

agreement shall also set forth: (i) the form of any note and security

agreement to be executed by the agricultural producer in connection with

any loan; (ii) the rate of interest, if any, to be charged on any loan;

(iii) the amount of any fee to be retained by the local loan

administrator for servicing any loan; (iv) the form of application

required to be completed by an agricultural producer for any loan; (v)

the form of requisition and certification to be required from a local

loan administrator to obtain an advance of funds from the committee;

(vi) any other conditions to be imposed upon an agricultural producer as

a condition of receiving a loan; (vii) the responsibilities to be

performed by the local loan administrator in connection with reviewing,

approving and servicing the loan and the circumstances under which the

committee may terminate a master servicing agreement; (viii) conditions

necessary to insure prompt closing on loans for which funds are

advanced, including payment of interest of funds from the time advanced

until utilized; and (ix) such other requirements as the committee may

from time to time establish by rules and regulations consistent with the

purposes of this section.

(3) (a) The committee shall, subject to the availability of funds as

appropriated by the legislature, advance from the farm drain tile

revolving loan fund to a local loan administrator the amount of funds

requested in any requisition within fifteen business days after receipt

of all of the following: a completed requisition for an advance of

funds; copies of any applications and any supporting documentation to

which such requisition pertains; and a certification from the local loan

administrator with respect to such requisition in addition to any other

representation and statement required by the committee. The

certification from the local loan administrator shall state that: (i)

the loan administrator has performed its responsibilities in connection

with review and approval of applications to which such requisition

pertains, (ii) to the best of the local loan administrator's knowledge

the loans, to which the advances pertain, comply with the master

servicing agreement and the provisions of this section, and (iii) the

borrowers have demonstrated their ability to make the repayments

required under the loan. In the event that funds are not available or

the committee determines that the requisition, application or

certification is defective, it shall so notify the local loan

administrator within fifteen business days after receipt of the

requisition.

(b) The committee shall establish criteria for prioritizing loan

applications in the event that the requisitions submitted to the

committee by one or more local loan administrators exceed the amount

then available for the purposes of this section. In determining

priority, the committee shall take into account: (i) whether the farm

drain tile project to which the application pertains is the most cost

effective approach to enable the agricultural producer to construct or

improve farm drain tile on the farm; (ii) whether the agricultural

producer making application lacks the financial resources to undertake

the farm drain tile project without obtaining a loan pursuant to this

section; and (iii) such other factors as the committee deems relevant.

In applying the criteria to be utilized for prioritizing loans, the

committee shall be entitled to rely on the information contained in the

copies of the applications submitted with the requisition.

(4) Examination by comptroller. The comptroller, or his or her legally

authorized representative, is hereby authorized and empowered from time

to time to examine the books and accounts of the committee relating to

the farm drain tile fund, and from time to time, to examine the books

and accounts of any local loan administrator which has received advances

from such fund pursuant to this section, but only insofar as those books

and accounts relate to such advances and to the local loan

administrator's compliance with the master servicing agreement entered

into pursuant to this section.

(5) Establishment of fund. (a) There is hereby created and established

in the committee a revolving loan fund to be known as the "farm drain

tile revolving loan fund."

(b) There shall be paid into such farm drain tile revolving loan fund

(i) any moneys appropriated and made available by the state for the

purposes of such fund, (ii) notwithstanding the provisions of the state

finance law or any other provision of law, any moneys which the

committee shall receive in repayment of advances made from such fund,

and (iii) any other moneys which may be made available to the committee

for the purpose of such fund from any other source or sources.

(c) All moneys paid into the fund from repayments of loans authorized

by subdivision three of this section shall continue to be made available

for the purpose of providing loans pursuant to such subdivision.

(d) Any moneys held in such farm drain tile revolving loan fund not

required for immediate disbursement may be invested, at the discretion

of the committee, in obligations of the state or the United States

government or obligations the principal and interest of which are

guaranteed by the state or the United States government. Any income or

interest earned by, or increment to, such farm drain tile revolving loan

fund shall be added to the moneys held in such fund for the purposes

herein provided.

(6) Rules and regulations. The committee is empowered to promulgate

such rules and regulations and to prescribe such forms as it shall deem

necessary to effectuate the purposes of this section.

Creation of soil and water conservation districts. (1) When the

board of supervisors of any county determines that conservation of soil

and water resources and control and prevention of soil erosion and

prevention of floodwater and sediment damages are problems of public

concern in the county, and further determines that a substantial

proportion of the rural land occupiers of the county favors such a

resolution, the said board of supervisors, by a resolution adopted at

any regular or special meeting of the board, may declare the county to

be a soil and water conservation district for the purpose of

effectuating the legislative policy announced in section two, providing

written notice of intention to act on such resolution, together with the

basis for action, is provided by the county board to the state soil and

water conservation committee at least thirty days before action is taken

on such resolution. These determinations may be made through hearings,

petitions or referenda.

(2) In any suit, action, or proceeding involving the validity or

enforcement of, or relating to, any contract, proceeding, or action of

the district, the district shall be deemed to have been established in

accordance with the provisions of this article upon proof of the

adoption of the resolution of the county board declaring the county to

be a soil and water conservation district. A copy of such resolution

duly certified by the clerk of the board shall be admissible in evidence

in any such suit, action or proceeding and shall be proof of the filing

and contents thereof.

(3) Any soil conservation district heretofore created or existing

shall be deemed to be continued for all purposes and shall hereafter be

designated as a soil and water conservation district.

(4) Notwithstanding any other provision of this chapter, the mayor of

the city of New York shall have the authority to establish a soil and

water conservation district encompassing the five counties of the city.

Designation of district directors. 1. (a) When a county has been

declared a soil and water conservation district a board of directors

consisting of five members shall be appointed by the county board. This

board of directors shall consist of two members of the county board and

three persons not members of the county board of supervisors, two of

whom shall be practical farmers. One of these farmers shall be appointed

from a list submitted by the county grange, one of these farmers shall

be appointed from a list submitted by the county farm bureau. Should the

appointed farm bureau representative not be a resident of the county,

the farm bureau representative must own or rent land in the county in

which they serve. The fifth member shall be appointed from the county at

large and shall represent the urban, suburban and rural non-farm

landownership interest.

(b) In counties where one or both of the above named farm groups lack

formal county organization, the county board shall appoint from the

county at large in place of from a list of nominees from such lacking

farm organization or organizations.

(c) At the option of the county legislative body, the board of

directors of the soil and water conservation district may be expanded to

seven members. Of the two additional board members, they shall be

residents of the county and at least one shall be a practical farmer.

2. Notwithstanding any other provision of this chapter, in Westchester

county, the county executive shall appoint a board of directors of the

soil and water conservation district, which board of directors shall

consist of seven members selected at large from residents of the county,

the term of office of each of whom shall be three years from date of

appointment, except that such board may include not more than two

officials of constituent local municipalities, each of whom shall serve

for one year or until he sooner ceases to hold such local office.

3. Notwithstanding any other provision of this chapter, in Nassau

county, the county executive shall appoint a board of directors of the

soil and water conservation district, which board of directors shall

consist of seven members to be appointed as follows:

(a) Three members shall be appointed at large from among the residents

of Nassau county for a term of three years. The original appointments,

however, shall be made for terms of one year, two years and three years;

(b) One member shall be appointed from among the Nassau county

officials for a term of one year;

(c) One member shall be appointed from among the officers of each of

the three towns in the county of Nassau for a term of one year. All such

appointments shall be subject to confirmation by the board of

supervisors.

4. Notwithstanding any other provision of this chapter, in Rockland

county the county executive, subject to the confirmation of the county

legislature, shall appoint a board of directors of the soil and water

conservation district, which board of directors shall consist of five

members, one of whom shall reside in each of the towns comprising such

county.

The board of directors of the soil and water conservation district in

the city of New York shall consist of nine members seven of whom shall

be appointed by the mayor and two of whom shall be appointed by the city

council, all of whom shall be residents of the city. Of the members so

appointed by the mayor, one shall be appointed upon the recommendation

of each of the borough presidents and such members shall be a resident

of the borough of the president making such recommendation. Each of the

remaining two members may be a resident of any borough. Members shall be

appointed to serve for a term of three years, commencing on January

first and ending on December thirty-first provided, however, that of the

members first appointed to such board, two shall serve for a term of one

year and three shall serve for a term of two years. Vacancies in the

membership of the board shall be filled in the manner provided for

original appointment. All appointments shall be subject to confirmation

of the city council.

Appointment, qualifications, compensation and tenure of

directors. The two members from the county board shall be appointed

annually. The other members shall serve for terms of three years each,

except that the first three appointed shall be designated to serve for

terms of one, two and three years respectively. A director shall hold

office until his successor has been appointed and has qualified.

Vacancies shall be filled for the unexpired term. The selection of

successors to fill an unexpired term or for a full term shall be

according to the manner in which the respective retiring directors shall

have been selected.

Any director may be removed by the county board upon acceptable proof

presented by the district board, the county board or by the state

committee upon notice and hearing for neglect of duty, continued absence

from meetings, failure to perform accepted assignments or malfeasance in

office and for no other reason.

The compensation of the members of the governing body of the district,

for performing services as directors of the district shall be fixed by

the county board for each calendar day they are actually engaged in the

performance of their duties, and mileage in going and returning from

places where they are required to go in the performance of their duties,

provided funds are made available by the county board for this purpose.

Organization of directors. (1) The directors of the district

shall be the governing body thereof. They shall designate a chairman

and may, from time to time, change such designation. The directors may

delegate to their chairman, or to one or more directors, such powers and

duties as they shall deem proper. They shall designate a secretary and

a treasurer, and an assistant treasurer if necessary, who need not be

directors, and may, from time to time, change such designations. The

duties of the secretary shall be to record the minutes of all meetings,

carry on the necessary correspondence for the district, and other duties

in line with the position. The duties of the treasurer shall be to

receive and have the custody of the funds of the district and to

disburse the same for authorized purposes on the order of the directors,

to keep appropriate and required books and records in connection

therewith, and to submit same for examination and make reports to the

directors at any time, upon their request. It shall be the duty of the

assistant treasurer, if any, to assist the treasurer in the performance

of his duties. The directors shall furnish to the state committee, upon

request, copies of such rules, orders, contracts, forms, and other

documents as they shall adopt or employ, and such other information

concerning their activities as it may require in the performance of its

duties under this chapter.

(2) The directors shall provide for the execution of surety bonds for

any members or employees who shall be entrusted with funds or property;

shall provide for the keeping of a full and accurate record of all

proceedings and of all resolutions, regulations and orders issued or

adopted; and shall provide for an annual audit of the accounts of

receipts and disbursements.

(3) The directors may invite the legislative body of any municipality

to designate a representative to advise and consult with the directors

of the district on all questions of program and policy which may affect

the property, water supply or other interests of such municipality.

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

Cooperation between districts. The directors of any two or more

districts organized under the provisions of this chapter may cooperate

with one another in the exercise of any or all powers conferred in this

chapter.

State agencies to cooperate. Agencies of this state which shall

have jurisdiction over, or be charged with the administration of, any

state-owned lands, and of any county, or other governmental subdivision

of the state, which shall have jurisdiction over, or be charged with the

administration of, any county-owned, or other publicly owned lands,

lying within the boundaries of any district organized hereunder may

cooperate with the directors of such districts in the effectuation of

programs and operations undertaken by the directors under the provisions

of this chapter.

State aid to districts. (1) To aid districts in carrying out

the purposes of this chapter, including, but not limited to, providing

technical assistance to landowners, the state, within the amount

appropriated therefor, shall:

(a) Reimburse each soil and water conservation district to the extent

of fifty percent of the amount expended by the district for the items

specified in this paragraph, up to sixty thousand dollars per district

in any fiscal year. Reimbursement pursuant to this paragraph shall be

limited to expenditures for the employment of conservation field

technicians or district managers, and the purchase of supplies and

equipment related to these positions, for the purpose of supervising or

providing technical assistance for the establishment and implementation

of soil and water conservation practices in accordance with programs

undertaken by the district. At the end of each calendar year, verified

and detailed claims for such reimbursement shall be submitted to the

state soil and water conservation committee in such form and manner and

containing such information as the state soil and water conservation

committee, the commissioner of agriculture and markets and the state

comptroller may require. Notwithstanding any other provision of this

chapter, the soil and water conservation district of New York city shall

be considered the equivalent of five districts when reimbursed in

accordance with the provisions of this paragraph.

(b) Within amounts available, provide financial assistance to each

soil and water conservation district in an amount of up to six thousand

dollars, in addition to the reimbursement provided under paragraph (a)

of this subdivision, for the purposes of carrying out projects which

conserve, restore and enhance the soil and water resources of this

state; assist in the implementation of agricultural best management

practices; prevent and reduce agricultural and non-agricultural

nonpoint-source water pollution; assist in the control of floods and

mitigate flood damage; protect and restore streams and wetlands; protect

and restore wildlife and aquatic habitat; assist in the drainage of

agricultural lands; prevent impairment of dams and reservoirs; control

stormwater run-off, including from construction sites; assist in

maintaining the navigability of rivers and harbors; reduce

agriculturally-generated air pollution; assist the agricultural

production of green energy; protect open space; collect and dispose of

pesticides; manage public lands; and protect and manage rural and urban

forests. For purposes of this paragraph, the soil and water conservation

of New York city shall be considered the equivalent of five districts.

(c) Within amounts available, financial assistance to each soil and

water conservation district, in addition to the amounts provided under

paragraphs (a) and (b) of this subdivision shall be distributed equally

to districts that qualify pursuant to performance standards to be

established by the soil and water conservation committee and the

commissioner of the department of agriculture and markets in rules and

regulations. Such standards shall include, but not be limited to, (i)

demonstrating the extent and sufficiency of district board activity

including board operations, financial oversight and training; (ii)

district reporting requirements, including annual reports and responding

to the state committee, and public outreach and education activities;

(iii) the quality of the delivery of state natural resource conservation

programs including appropriate certifications, training, timely

completion of projects, and compliance with reporting; (iv) the ability

of the district to use such funding to leverage additional funds from

local, federal and private sources; and (v) the ability to promote

partnerships and assist local governments and non-governmental

organizations.

(2) Reimbursement and funding pursuant to this section, when approved

by the state soil and water conservation committee and the commissioner

of agriculture and markets, shall be paid out of the state treasury from

funds appropriated and made available for the purposes of this section

upon audit and warrant of the state comptroller on vouchers certified by

the state soil and water conservation committee and the commissioner of

agriculture and markets in the manner provided by law.

(3) The commissioner of agriculture and markets and the state soil and

water conservation committee are each empowered to promulgate such rules

and regulations and to prescribe such forms as each shall deem necessary

to effectuate the purposes of this section.

Agricultural nonpoint source abatement and control projects.

1. Subject to the availability of funds appropriated therefor, a

matching grant program is established to fund agricultural nonpoint

source abatement and control projects that meet the following criteria:

a. the project must consist of activities or plans which will

identify, reduce, abate, control or prevent nonpoint source pollution

originating from agricultural sources;

b. the project must be proposed for implementation by a district or

group of districts acting jointly;

c. the project must identify agricultural nonpoint sources of

pollution or propose to implement best management practices, as defined

in section three of this chapter; and

d. the district or districts must have funds available to pay for its

share of the eligible project costs.

2. Applications for matching grants shall contain the following

information:

a. the name and location of the water body and the nonpoint source

problem to be addressed;

b. identification of the best management practices to be implemented,

if applicable;

c. a cost estimate for the proposed project;

d. the source of funds available to the district to pay for its share

of the eligible costs;

e. information sufficient to demonstrate that the criteria in

subdivision one of this section have been met; and

f. such further information as may be required by the committee

through regulations.

3. In awarding grants the committee shall give preference to those

projects located in priority water bodies identified pursuant to section

17-1407 of the environmental conservation law. The committee shall also

give preference to projects proposed to promote participation or further

the priorities of the agricultural environmental management (AEM)

program as set forth in article eleven-A of the agriculture and markets

law.

4. Eligible costs that may be funded pursuant to this section are

architectural and engineering services, plans and specifications,

including watershed based or individual agricultural nonpoint source

pollution assessments, consultant and legal services, conservation

easements and associated transaction costs specific to title

thirty-three of article fifteen of the environmental conservation law

and other direct expenses related to project implementation.

5. State assistance payments pursuant to this section shall be up to a

maximum of seventy-five percent of the eligible costs, as determined

pursuant to subdivision four of section 17-1409 of the environmental

conservation law, for any specified project. Such maximum shall be

increased by a percentage equal to the percentage of the total eligible

costs for such specified projects that are contributed by the owner or

operator of agricultural land upon which such specified project is being

conducted, provided, however, that in no event shall the total of such

state assistance payments exceed eighty-seven and one-half percent of

such eligible costs for any specified project.

6. The committee may adopt rules and regulations necessary to

effectuate the purposes of this section.

7. Notwithstanding any other provision of law, a concentrated animal

feeding operation permitted pursuant to title seven or eight of article

seventeen of the environmental conservation law shall be treated as a

nonpoint source for purposes of qualifying for funding pursuant to this

section.

Discontinuance of districts. (1) The county board of any county

or the city council of the city of New York which, by resolution, has

declared the county or the city of New York to be a soil and water

conservation district, may at any time after five years from the passage

of said resolution, and after determining that a substantial proportion

of the rural land occupiers of the district so desire, repeal said

resolution at a regular or special meeting of said board or council,

providing written notice of intended action on such resolution, together

with the basis for action, is provided by the county board or city

council to the state soil and water conservation committee at least

thirty days before action is taken on such resolution. This

determination may be made through hearings, petitions or referenda.

(2) Upon the repeal of the resolution which declared the county or the

city of New York to be a soil and water conservation district, the

directors may not enter into any more contracts or agreements on behalf

of the district, and all rules and regulations theretofore adopted and

in force within such district shall be of no further force and effect.

Such district, however, shall continue for the purpose of fulfilling its

contracts, discharging any existing obligations, collecting and

distributing its assets and doing all other acts required to adjust and

wind up its affairs.

(3) Upon the repeal by the county board or the city council of the

resolution declaring the county or the city of New York to be a soil and

water conservation district, the directors shall at public auction

dispose of all property belonging to the district as soon as said

property is no longer needed by the district to fulfill any existing

contracts, and shall forthwith pay over the proceeds of such sale, after

paying the necessary costs of the sale, into the county or the city of

New York treasury. The directors shall, at least ten days prior to the

holding of such public auction, notify the state committee of the

property proposed to be sold thereat, and after such sale shall render

to the county board or the city council and to the state committee a

report of such sale, specifying the property sold, the amount received

therefore, and the disposition of the proceeds. Such report of the sale

shall also be accompanied by a list of the remaining property of the

district still undisposed of.

Separability clause. If any provisions of this chapter or the

application of any provision to any person or circumstance, is held

invalid, the remainder of the chapter, and the application of such

provision to other persons or circumstances, shall not be affected

thereby.

Inconsistency with other acts. Insofar as any of the provisions

of this chapter are inconsistent with the provisions of any other law,

the provisions of this chapter shall be controlling.

Effective date. This chapter shall take effect immediately.