N.Y. Soil & Water Conservation Districts Law § 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