N.Y. County Law § 223: Flood control and soil conservation

§ 223. Flood control and soil conservation. 1. The board of

supervisors shall have power to, and may, appropriate and pay out for

the general improvement of agriculture and the soil such sums as it may

deem proper for the expense of creating and maintaining soil

conservation districts, and assisting districts in carrying out the

provisions of the soil conservation districts law. The board of

supervisors may by resolution, duly passed, direct the county treasurer

to pay out of moneys from such appropriation upon the order of the

chairman of the district directors, upon his giving a proper receipt

therefor. On or before the first day of January in each year and at any

other time when requested by the board of supervisors, the directors

shall report in writing to the board a detailed statement of its work

and transactions for the preceding year ending December thirty-first,

and for any other period which the board may request and in such form as

said board may direct.

2. In addition to the powers granted under the provisions of the soil

conservation districts law and chapter eight hundred sixty-two of the

laws of nineteen hundred thirty-six as amended, and after a public

hearing held pursuant to public notice as hereinafter provided, each

board of supervisors shall have power to appropriate and expend county

funds to protect public and private property within the county from

floods, to conserve the soil from erosion and for any function or

purpose which otherwise may be undertaken or performed by a small

watershed protection district established pursuant to article five-D of

this chapter.

After a public hearing shall have been held as provided herein, a

board of supervisors may appropriate each year for such purpose without

a further public hearing a sum not to exceed the sum specified in the

original notice of public hearing. If a sum in excess of the sum

specified in the original notice of such hearing is proposed to be

expended, a new public hearing shall be held and public notice given as

hereinafter provided.

3. The resolution shall recite: (a) the area of said county in which

the project and work is to be performed, and that it is believed of

sufficient importance and general public benefit to warrant the

expenditure of county money thereon; (b) the name, if any, of any lake,

pond, stream, drain or ditch to be improved; (c) the nature of the

improvement such as construction of dikes, drains, check-dams, pipes,

new or altered channels, reforestation or the planting of shrubs and

plants, or otherwise by the creation of a soil erosion control or

watershed protection project; (d) whether the necessary easements,

permits, or other necessary rights have been obtained, and any

compensation agreed to be paid owners damaged thereby; (e) whether it is

necessary to acquire any easements or rights-of-way, and the estimated

cost thereof; (f) the estimated cost of such improvement, and the amount

to be paid by the owners of the land benefited thereby; (g) whether any

part of the expenditure is to be financed under the provisions of the

local finance law, and the manner of such payment; (h) whether the work

shall be done by county employees and equipment or let to the lowest

responsible bidder; (i) what portions of the improvements are to be

maintained by the county and by the private owners of the land upon

which such improvements are situate, or group of property owners in the

area; (j) reference to a survey, or plans and estimate of such

improvement, which shall be made a part thereof; (k) such other

information as may be deemed necessary.

4. Within ten days after the adoption of said resolution, the clerk of

the board of supervisors shall cause notice of a public hearing thereon

to be published in the official newspapers once a week for two

publications, and at least twenty days shall elapse from the first

publication to the date of the hearing. The notice shall contain an

abstract statement of the proposed project and that the survey, plans

and estimate may be seen at the office of said clerk. A copy of such

notice shall be mailed to each owner from whom any easement or

right-of-way is necessary. The public hearing may be held before the

board or any committee of the membership designated for that purpose.

5. After the public hearing, the board of supervisors may adopt a

final resolution and provide therein for: (a) the necessary

appropriation and determination as to the manner of payment of orders or

audited claims thereon; (b) authorization, upon consent of the county

superintendent of highways, for the use of county highway machinery,

tools and equipment at a rental charge fixed by the state commissioner

of transportation, which rental shall be paid into the county machinery

fund; (c) authorization of contracts with town superintendents of

highways with approval of the respective town boards, for the rental of

town highway machinery, tools and equipment at a rental charge fixed by

the state commissioner of transportation, which rental shall be paid

into the town machinery fund; (d) acceptance of the services and

financial aid of federal and state agencies; (e) authorization to

contract in the manner prescribed in section two hundred twenty-four of

this chapter with any organization formed for the purpose of flood

control and soil conservation; (f) directions on the manner of

performance of the work; (g) authorization for acquiring necessary

rights of way pursuant to the provisions of the eminent domain procedure

law.

6. When a resolution adopted pursuant to subdivision eleven-a of

section sixty-four of the town law shall have become effective, and

further improvements to that already planned by such town are determined

to be of sufficient importance and benefit to the public to warrant the

expenditure of county funds thereon, the board of supervisors, after a

public hearing held in the manner prescribed by the foregoing

provisions, shall have power to agree with the town board and the

property owners, upon the extent of such additional improvements and

amount of the county appropriation. The improvement shall be performed

and completed as the board of supervisors shall direct, and the town

shall pay its share thereof into the county treasury, when so directed.

7. Prior to undertaking a watershed protection project for which

application is to be made to the secretary of agriculture of the United

States for federal assistance pursuant to a federal act approved the

fourth day of August, nineteen hundred fifty-four as public law five

hundred sixty-six and known as the "Watershed Protection and Flood

Prevention Act," and all acts amendatory thereof and supplemental

thereto, the board of supervisors, or the official, department, bureau,

or agency of the county designated for that purpose, shall follow the

procedures and be subject to the provisions of subdivisions two, three,

four, five and six of section two hundred ninety-nine-n of this chapter.

8. A county which undertakes a watershed protection project pursuant

to this section for which it would be eligible to receive financial

reimbursement from the state pursuant to section two hundred

ninety-nine-w of this chapter if the project was undertaken by a small

watershed protection district, shall be eligible for such financial

reimbursement in the manner and to the extent therein provided.

9. A county which has commenced proceedings to undertake a watershed

protection project or projects pursuant to the provisions of article

five-D of this chapter, may elect, prior to the creation or extension of

a small watershed protection district or districts therefor, to proceed

with the proposed watershed protection project or projects pursuant to

the provisions of this section and discontinue the article five-D

proceedings. In the event of such election by a county, any proceedings

or other action taken or approval obtained pursuant to section two

hundred ninety-nine-n of this chapter relating to such proposed project

or projects shall be deemed to have been taken or obtained pursuant to

the provisions of this section two hundred twenty-three and shall not be

required to be repeated for such proposed project or projects solely

because of such election. Within ten days after the adoption of a

resolution by the board of supervisors electing to discontinue

proceedings pursuant to article five-D of the chapter and to proceed

with the proposed project or projects pursuant to this section, the

clerk of such board shall file a copy of such resolution with the water

resources commission.