N.Y. Soil & Water Conservation Districts Law § 3: Definitions

§ 3. Definitions. Wherever used or referred to in this chapter, unless

a different meaning clearly appears from the context: (1) "District" or

"soil and water conservation district" means a county whose board of

supervisors has by resolution declared said county to be a soil and

water conservation district.

(2) "Director" means one member of the governing body of a district,

appointed in accordance with the provisions of this chapter.

(3) "Committee" or "state soil and water conservation committee" means

the agency created in section four of this chapter.

(4) "State" means the state of New York.

(5) "Agency of this state" includes the government of this state and

any subdivision, agency, or instrumentality, corporate or otherwise, of

the government of this state.

(6) "United States" or "agencies of the United States" includes the

United States of America, the soil conservation service of the United

States department of agriculture, and any other agency or

instrumentality, corporate or otherwise, of the United States of

America.

(7) "Government" or "governmental" includes the government of this

state, the government of the United States, and any subdivision, agency,

or instrumentality, corporate or otherwise of either of them.

(8) "County board" means the county board of supervisors of any

county.

(9) "Land occupier" or "occupier of land" includes any person, firm,

corporation, or governmental unit who shall hold title to, or shall be

in possession of, any lands lying within a district organized under the

provisions of this chapter, whether as owner, lessee, renter, tenant or

otherwise.

(10) "Agriculture land" shall be defined as any landholding exceeding

twenty-five acres which is used by the owner or occupier of the land for

the raising of any agricultural or forestry products, provided, however,

that concentrated agricultural operations on landholdings of less than

twenty-five acres shall be included in the term.

(11) "Concentrated agricultural operations" shall be as defined as any

form of agricultural operation including feedlots and poultry

operations, which produces, because of its confined nature, large

amounts of animal and related wastes in a limited area as defined by the

State Soil and Water Conservation Committee.

(12) "Soil and water conservation plan" shall be defined as a document

containing proposals for the conservation of soil and water resources

and which provides an orderly method for landowners and occupiers to

follow in limiting soil erosion and reducing the amount of pollutants

entering into the waters or on the lands of the state.

(13) "Nonpoint source" means any source of water pollution or

pollutants, as defined in section 17-0105 of the environmental

conservation law, which is not a discrete conveyance or point source

permitted pursuant to title seven or eight of article seventeen of the

environmental conservation law.

(14) "Nonpoint source abatement and control program" means a program

of activities and projects for the abatement and reduction of nonpoint

source pollution through the implementation of best management

practices.

(15) "Agricultural nonpoint source abatement and control program"

means a program consisting of activities and projects for the abatement

and reduction of water pollution from agricultural nonpoint sources

through the installation, operation and maintenance of best management

practices. Such program shall address agriculturally related activities

and their impact on water quality and shall include, but not be limited

to, activities and projects for controlling losses from the land

including nutrients, particularly nitrogen and phosphorus, pathogens,

toxic contamination of surface waters and groundwaters from heavy

metals, pesticides and other organic substances, and for the prevention

of siltation and eutrophication of streams, rivers, lakes and other

water bodies.

(16) "Best management practices" means a practice or combination of

practices determined to be the most effective, economically feasible and

practicable means of preventing or reducing pollution generated by

nonpoint sources.

(17) "Priority water body" means a water body identified by the

commissioner of environmental conservation pursuant to section 17-1407

of the environmental conservation law.

(18) "Recreational use" means any activity undertaken out of doors for

purposes of mental or physical enjoyment and relaxation and may include,

but shall not be limited to, hunting, fishing, canoeing, boating,

trapping, hiking, cross country skiing, tobogganing, sledding,

speleological activities, horseback riding, bicycle riding, hang

gliding, motorized vehicle operation for recreational purposes,

snowmobile operation and training of dogs.