N.Y. Environmental Conservation Law § 15-2501: Formation of joint districts

§ 15-2501. Formation of joint districts.

1. A river regulating district formed and established under the

provisions of title 21 of this article may be given extended powers and

duties by the formation by the department of a river improvement or

drainage improvement district, or both, which districts shall have the

same boundaries as the river regulating district, shall be joined with

it as one body corporate and subject to the general supervision of the

department and shall be administered by the board of the river

regulating district. If this is done, the board shall thenceforth

exercise the powers of the department as set forth in title 19 and title

23 of this article, except those under sections 15-1945 and 15-1957 and

as otherwise provided below. Whenever the department is empowered to set

up districts under title 19 and title 23 of this article, the board may,

by the same procedure, set up river or drainage improvement

sub-districts which shall not be separate bodies corporate but shall be

financial and assessment entities and each of which shall have an

association. Any function which title 19 and title 23 specify to be

performed by the Department of Transportation or the Commissioner

thereof shall be performed by the board through its engineering forces,

and legal matters may be handled by counsel to the board. Whenever the

statute requires the board to file in final form orders, statements,

schedules, reports, plans, or other papers, to give notice of such

filing and, after review, if any, to record or file the same such papers

may not be filed except with the consent and approval of the department.

All contract plans and specifications must similarly receive such

approval to make them valid. All contracts must be so approved before

they are signed and all acts authorizing the borrowing of money, making

of assessments, or statements of the amounts which must be collected

with annual taxes, must be approved by the department before they are

submitted to the Comptroller. In proper cases, any such district may be

assessed as an entity for benefits derived from the operation of another

sub-district or the construction of a regulating reservoir.

2. Proceedings for the formation of a joint district shall be as

nearly as may be those set forth in title 19 or title 23 as the case may

be. They shall be initiated by a written petition filed with the

department. On receipt thereof the department shall make such

investigation as it deems necessary, shall set the time and place for a

hearing thereon and shall give notice of the same by publication

pursuant to the provisions of subdivision 1 of section 15-0903. At the

hearing, the department will hear the applicants and the board, and such

objectors as have filed written objections. After the hearing the

department shall approve, modify and approve or reject the application

according to what it finds to be the best interest of the people of the

state. The action of the department shall be in the form of a signed

written order, copies of which shall be filed in the offices of the

clerk of each county, town, city or village, any part of which lies

within the proposed district. Notice of such filing shall be given by

publication and the acts of the department may be reviewed provided such

review is initiated within sixty days of the date of the order. If not

reviewed or if confirmed by the courts reviewing the matter, the order

shall be recorded in the offices of the clerks of the various counties;

thereupon the order shall become final and the joint district shall be

deemed to have been formed on the date of the order. Certified copies of

such order shall be served on the board and shall be its authority to

act for the new district.