Conservation District Law

Conservation District Law
NYS Soil & Water Conservation District Law Training Module 10 Module starts with an Abbreviated Overview of the SWCD Law and then moves through all sections of the NYS Soil & Water Conservation District Law. Declaration of Policy Definitions & Abbreviations Soil & Water Conservation Committee Creation of SWCDs Designation of District Directors Appointments, qualifications, compensation, & tenure of Directors Organization of Directors Power of Districts & Directors Cooperation between Districts State Agencies to Cooperate 11-a State Aid to Districts, 11-b Ag NPS Abatement & Control Projects Discontinuance of Districts Separability Clause Inconsistency with Other Acts

Abbreviated Overview SWCD Law Soil & Water Conservation District Law
This abbreviated overview of the law is provided as a service of the NY State Soil & Water Conservation Committee Staff are available to make detailed presentations by request and provide webinars on a regular basis SWCD Law on NY Assembly website -

Formation of District Law
SWCD Law Formation of District Law Soil & Water Conservation District Law April 23, NY passes SWCD Law July 31, 1940 – 1st SWCD established in Schoharie County April 1964 – “Water” added to law changing name to Soil and Water Conservation Districts 9 Districts were established in the first year of the law.

Section 2 SWCD Law Declaration of Policy
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… Section 3 Section 4 Section 5 § 2. 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) 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. Section 6

Section 2 – Declaration of Policy
SWCD Law Section 2 – Declaration of Policy Preservation of soil and water resources Improve Water Quality Control and Prevent Soil Erosion Prevent Floodwater and Sediment damages Furthering the conservation, development, utilization, and disposal of water Preserve natural resources Control and Abate nonpoint sources of pollution Assist in the control of floods Assist in the drainage and irrigation of agricultural lands Prevent impairment of dams and reservoirs Maintain the navigability of rivers and harbors Preserve wildlife Protect tax base Protect public lands Protect and promote the health, safety, and general welfare of people of this state Encourage use of agricultural land for recreational uses

Section 3 SWCD Law Definitions
District or Soil & Water Conservation District (SWCD): a county whose board of supervisors has by resolution declared said county to be a SWCD Director: member of the governing body of a District, appointed in accordance with the provisions of SWCD law Section 3 Section 4 Section 5 § 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. Section 6

Section 4 - SWCC SWCD Law Soil & Water Conservation Committee
Mission is to advance comprehensive natural resources management through the support of local Soil and Water Conservation Districts Section 3 Section 4 Section 5 The State Committee: establishes policy to guide the SWCDs programs, assists the state’s SWCDs in organizing, developing, and implementing programs, advise all agencies of government on matters relating to soil and water conservation, work in concert with state and federal agencies to reduce pollution of the states water resources and improve the quality of these resources. Section 6

Soil & Water Conservation Committee
SWCD Law Soil & Water Conservation Committee Voting members of the State Committee are “five interested and qualified citizens appointed by the Governor” NY State Grange NY Farm Bureau NY Association of Conservation Districts At Large Representative – Farm Interests At Large Representative – Urban, Suburban, and Rural Non-Farm Landowner Interest Committee Voting Member: Dale Stein – Chair – Representative at large for Farm Interests Dave Brass – NYS Grange Ron Montesi - NYACD Erica Goodman – at large for Urban, Suburban, and Rural Non-Farm Interests Darin Hickling – NY Farm Bureau

SWCC Advisory Members SWCD Law
Representatives of 9 organizations serve as advisory members: NYS Department of Agriculture & Markets NYS Department of Environmental Conservation NYS Department of Health NYS Department of State USDA Natural Resources Conservation Service Cornell Cooperative Extension College of Agriculture & Life Sciences at Cornell University State University of NY College of Environmental Science & Forestry NYS Conservation District Employees’ Association

SWCC Powers & Duties SWCD Law
Adopt policies in carrying out of District programs Inform all District Directors of the activities and experience of other Districts and facilitate cooperation between Districts Approve and coordinate programs of the Districts Secure cooperation of the State and Federal governments Disseminate information regarding activities and programs of Districts and encourage the formation of Districts Accept contributions from any source Develop and maintain principles, standards and procedures for participating in AEM and assessing the AEM Program for effectiveness Coordinate and approve the participation of Districts in AEM

SWCD Law Soil & Water Conservation Committee Historical Information Transfer of functions and matters related to the SWCC were moved from Cornell University to the Dept. of Ag & Markets in 1981

SWCD Law Soil & Water Conservation Committee Sec 4-a Farm drain tile revolving loan program Added in 2015 this program is being developed

Section 5 SWCD Law Creation of Conservation Districts
Districts are created upon a finding by the county’s legislative body that conservation of soil and water resources, control and prevention of soil erosion, and prevention of flood water and sediment damages are problems of public concern in the county. Section 3 Section 4 Section 5 § 5. Creation of Soil & Water Conservation Districts. Section 6

Sec 5-Creation of Conservation Districts
SWCD Law Sec 5-Creation of Conservation Districts Establishing an SWCD Established for the benefit of “the governing body of the municipality” Board of Supervisors/Legislators of any county has authority to establish a Conservation District by resolution Copy of the resolution should be kept on file in the District office § 5. Creation of Soil & Water Conservation Districts. SWCDs are established for the benefit of “the governing body of the municipality”. Soil and Water Conservation Districts are created upon a finding by the county’s legislative body that conservation of soil and water resources, control and prevention of soil erosion and prevention of flood water and sediment damages are problems of public concern in the county.

Sec 5-Creation of Conservation Districts
SWCD Law Sec 5-Creation of Conservation Districts Establishing an SWCD Mayor of NYC has authority to establish a SWCD encompassing the 5 counties (boroughs) of the city (1990) 1990 – SWCD Law is amended providing NYC the authority to create a District encompassing the five counties (boroughs) of the city. Additionally, the NYC SWCD shall be reimbursed fifty percent of eligible expenditures up to $50,000 under Section 11-a State Aid.

Section 6 SWCD Law Designation of District Directors
Five member board of directors shall be appointed by county board Special provisions for appointing directors in Westchester, Nassau, Rockland, and New York City Section 3 Section 4 Section 5 Westchester – county executive shall appoint a board of directors of 7 members selected at large from residents of the county for 3 yr terms. No more than 2 officials of constituent local municipalities to serve 1 yr terms. Nassau – county executive shall appoint a board of directors of 7 members; 3 members selected at large from residents of the county for 3 yr terms, 1 member from the Nassau county officials for a 1 yr term, and 1 member each from the 3 towns in the county for one year terms. Rockland – county executive, subject to confirmation of the county legislature, shall appoint a board of directors of 5 members, one resident from each of the towns in the county NYC – 9 members; 7 shall be appointed by the mayor 1 each as recommended by the borough presidents and the remaining two appointments can be from any borough. All appointees must reside in the borough they represent and serve 3 yr terms. 2 shall be appointed by the city council and all appointments are subject to confirmation of the city council. Section 6

Sec 6 – Designation of District Directors
SWCD Law Sec 6 – Designation of District Directors Soil & Water Conservation District Board makeup (5 members): County Board – 2 members County Grange (practical farmer) – 1 member County Farm Bureau (practical farmer) – 1 member Urban, Suburban, and Rural Non-Farm Landowner Interest Representative – 1 member § 6. Designation of district directors. (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.

Sec 6 – Designation of District Directors
SWCD Law Sec 6 – Designation of District Directors County Legislative Body may option to expand SWCD Board to 7 members: Must reside in county One shall be a Practical Farmer No more than 2 directors shall be from the County Board Changing Amount of Directors on Board At the option of the governing County Board, the District board may be expanded to seven (7) members. Of the two (2) additional board members, both should be residents of the county and at least one (1) shall be a practical farmer. Conversely, at the option of the governing County Board, the District board may be reduced from seven (7) members to five (5) members.

Who’s Who in Soil & Water Conservation
Residents Elect officials County Legislators Appoint SWCD Directors Governor Appoint SWCC County Soil & Water Conservation Districts (SWCD) Voting Members: County Legislator Farm Bureau Rep Grange Rep At Large Rep – Urban, Suburban, Rural Non-Farm Landowner Interest At Large Rep – Practical Farmer (optional) At Large Rep (optional) NYS Soil & Water Conservation Committee (NYSSWCC) Voting Members: Grange Rep Farm Bureau Rep NY Association of CDs At Large Rep – Farm Interest At Large Rep – Urban, Suburban, Rural Non-Farm Landowner Interest Advisory Members: NYS Dept of Ag & Markets NYS Dept of Conservation NYS Dept of Health NYS Dept of State USDA – Natural Resources Conservation Service Cornell Cooperative Extension College of Ag & Life Sciences at Cornell University College of Environmental Science & Forestry NYS Conservation District Employee Assoc NY Association of Conservation Districts, Inc. (NYACD) Professional Organization NYS Conservation Districts Employees’ Association, Inc. (NYSCDEA) Professional Development Organization SWCD Professional Staff NYSSWCC Professional Staff

SWCD Law Section 7 Section 7 Appointments, qualifications, compensation, & tenure of Directors County reps are appointed annually All other members serve for 3 yr terms Directors may be removed by county board upon acceptable proof presented by the District, county, or State Committee Section 8 Section 9 Section 10 § 7. Appointment, qualifications, compensation and tenure of directors. Director Terms The two (2) members from the governing County Board shall be appointed annually. All other members shall serve for terms of three (3) years each. Director Dismissal 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, flagrant disregard for the law, failure to perform accepted assignments or malfeasance in office and for no other reason. County may rescind appointment at request of District Board or SWCC. Section 11

Section 7 SWCD Law Vacancies/Holdovers
Director shall hold office until successor has been appointed and has qualified. Vacancies shall be filled for the unexpired term. § 7. Appointment, qualifications, compensation and tenure of directors. Vacancies/Holdovers 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.

Section 7 SWCD Law Term Limits
District Law does not set term limits and would preclude any local law or policy on term limits. § 7. Appointment, qualifications, compensation and tenure of directors. Term Limits District Law does not set term limits. Therefore, District Law would preclude any local law or policy regarding term limits.

Section 7 SWCD Law Compensation of Directors
Compensation for performing services as directors of the district shall be fixed by the county board Directors appointed from County Board are not entitled to per diem, but can receive reimbursement for registration, meals, lodging, etc. § 7. Appointment, qualifications, compensation and tenure of directors. Con’t 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. Director Compensation Members of the governing body of the District may be compensated for performing services as Directors of the District. The compensation rate (per diem) for Directors is a fixed daily rate that is determined by the governing County board (Legislature or Board of Supervisors). This is accomplished by County resolution and should be kept by the District as a permanent record. District Directors, not including members of the governing County Board, may be compensated the per diem rate once per each calendar day they are actually engaged in the performance of their duties. Mileage may also be reimbursed where Directors are required to travel in the performance of their duties. Compensation is paid on request by the Director on an annual basis (can also be paid monthly, quarterly, or semi-annually) upon submitting an itemized voucher to the District Treasurer. Directors appointed from the governing County Board are not entitled to compensation (per diem) while attending to District affairs. However, they are entitled to compensation for registration fees, meals, lodging, etc. If a District Board wishes to implement a change to the compensation rate, their request would need to be submitted to the governing County Board. The District Board should pass a resolution stating its position regarding the compensation rate and submit to the governing County Board for Legislative approval. The two members from the governing County Board who are appointed to the District Board should be able to assist with this process.

Section 7 SWCD Law Advisory Members
Board may invite anyone to advise and consult with the Directors in an informational capacity. Only Director, officer of the board, or employee can represent the District. § 7. Appointment, qualifications, compensation and tenure of directors. Con’t Advisory Members The Board of 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. These designated representatives are not to be considered voting member of the Board, rather they simply serve in an advisory or consulting capacity. SWCD Law doesn’t address advisory or associate board members and states in Section 9(1-a) Directors can “authorize officers and employees to perform such duties as are necessary for the operation of the District”. Unless a person is a Director, officer of the board (chair, secretary, treasurer), or employee then they cannot officially represent the SWCD. Members of the public can attend open meetings of the SWCD and address the Board during public comment periods. They can work with the District in an informational capacity providing updates to the board regarding other public meetings they may have attended, but cannot act or speak on behalf of the District. The Board can also invite anyone to the District’s public meetings and have them report or provide opinions on subjects appearing on the agenda.

Section 8 SWCD Law Organization of Directors
Directors of the District are the Governing Body Board shall designate: Chairperson Secretary (doesn’t have to be Director) Treasurer (doesn’t have to be Director) Section 8 Section 9 Section 10 § 8. Organization of directors. Subcommittee’s of the board have to abide by OML if a quorum will be present. (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. Section 11

Section 8 – Organization of Directors
SWCD Law Section 8 – Organization of Directors Directors shall: Provide for the execution of surety bonds for its members and employees entrusted with funds and property Keep full and accurate records of all proceedings etc. Provide for an annual audit of accounts *surety bonds for employees may be an archaic provision in the law, District should however discuss with an insurance agent and determine by the Board what insurance coverage the District should have (NYS doesn’t govern amount of coverage) § 8. Organization of directors. (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.

Section 8 – Organizational Flow Chart
SWCD Law Section 8 – Organizational Flow Chart Board of Directors 5-7 members Partners USDA - NRCS NYS DEC ETC. District Staff District Manager Administrative Staff Technical Staff This is a representation of an average SWCD Organizational Flow Chart and may vary from County to County.

Section 9 SWCD Law Powers of Districts & Directors
Conservation District function is to gather available technical, financial, & educational resources, whatever their sources Focus or coordinate them to meet the needs of the local land user Section 8 Section 9 Section 10 Handout from District Operations Manual Section 11

Sec 9 – Powers of District Directors
SWCD Law Sec 9 – Powers of District Directors Program/Project related powers: 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, and to publish the results Disseminate information concerning preventive and control measures

SWCD Law Sec 9 – Powers of District Directors Program/Project related powers: Carry out preventive and control measures within the District including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in land use and drainage, irrigation and other agricultural water management operations and measures for the prevention of floodwater and sediment damages, or for control and abatement of nonpoint sources of water pollution, with the consent and cooperation of the landowner (private or public)

SWCD Law Sec 9 – Powers of District Directors Program/Project related powers: Make available on terms that the directors prescribe to land occupiers Ag and engineering machinery and equipment, fertilizer, seeds, seedlings, and other similar material and equipment for protecting and preserving soil and water resources Develop plans to promote recreational programs for privately owned lands and waters (1996)

SWCD Law Sec 9 – Powers of District Directors Program/Project related powers: Develop and update plans for conservation of soil and water resources, control and prevention of soil erosion, floodwater and sediment damage prevention, control and abatement of nonpoint sources of pollution, and agricultural water management within the District Assist in the administration of the AEM Program

SWCD Law Sec 9 – Powers of District Directors Program/Project related powers: Act as an agent for the federal or state government in connection with acquiring, constructing, operating, maintaining or administering any soil conservation, erosion control and prevention, Ag water management, flood prevention, sediment damage prevention, or nonpoint source pollution control and abatement project and to accept money, services and materials from these entities or any other source

SWCD Law Sec 9 – Powers of District Directors Program/Project related powers: Require contributions in money, service materials, and otherwise to operations conferring benefits and require agreements from the land owners regarding long-term use of the land Use public owned machinery on private lands (at a state established rate – not free) Use county or town equipment or funds for work relating to soil and water conservation on public property Construct, improve, maintain structures relating to soil and water conservation

SWCD Law Sec 9 – Powers of District Directors Program/Project related powers: Undertake a public information and education program regarding principles and practices of preservation and conservation of the soil and water resources of this state (added 2014) Carry out preventative and control measures for the spread of prohibited and regulated species (added 2014)

Technical Assistance Districts Provide to Communities
SWCD Law Technical Assistance Districts Provide to Communities Authorized under NYS Soil & Water Conservation District Law

SWCD Law Sec 9 – Powers of District Directors Operational Powers: Authorize officers and employees to perform such duties as are necessary for the operation of the District Establish and abolish positions of employment and to fix the compensation and time of payment (consistent with Civil Service Law)

SWCD Law Sec 9 – Powers of District Directors Fiduciary Powers: Authorize the treasurer to establish and maintain a petty cash fund (up to $250) for specific District purposes Authorize the treasurer to establish revolving fund accounts for specific administrative and operational accounts, and to temporarily deposit and invest monies not required for immediate expenditure Pay dues to the State Association of Districts

SWCD Law Sec 9 – Powers of District Directors Fiduciary Powers: Furnish financial or other aid to any public or private landowner subject to the conditions set by the directors Own or lease real or personal property and maintain, administer, and improve for income; sell or lease any of its property Follow state purchasing and procurement policies

SWCD Law Sec 9 – Powers of District Directors Related Powers for Legal Issues: Sue and be sued in the name of the District Make and execute contracts Establish rules and regulations Call upon the county attorney for legal services

SWCD Law Sec 9 – Powers of District Directors New Powers (not all in SWCD Law): (4-A) Ability for Conservation Districts to hold Conservation Easements (2012) AML Article 25-AAA – Districts eligible to be funded through the Farmland Protection Program (AFPP) (2013) GML Article 5-G – Authorizes municipalities to cooperate with SWCD through inter-municipal agreements (2013)

Section 10 SWCD Law Cooperation Between Districts
Directors of two or more Districts may cooperate with one another in the exercise of any or all powers Section 8 Section 9 Section 10 § 10. 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. Section 11

Section 11 SWCD Law State Agencies to Cooperate
Agencies of the state or local government which have jurisdiction over any lands within the county may cooperate with the District in the effectuation of programs and operations Section 8 Section 9 Section 10 § 11. 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. Section 11

SWCD Law SWCD Relationships Should RC&D be added to Federal? Acronyms
Funding, Board Appointments, Services & Facilities County Legislature NRCS, FSA, RECD, FWS, Army COE, FS Federal Planning, Hwy, DPW, Health, Coop. Ext., EMC, WQCC, Farmland Protection County Depts. Ag & Markets, DEC, DOH, DOS NYS Cooperators, Residents Public Media, Env. Groups, Farm Bureau, Sportsmen's Groups Other SWCD Relationships Should RC&D be added to Federal? Acronyms Federal NRCS – Natural Resources Conservation Service FSA – Farm Security Administration RECD - Rural Economic and Community Development (USDA) FWS – Fish & Wildlife Services Army COE – Army Corps of Engineers FS – Forest Service County Departments Planning – Planning Department Hwy – Highway Department DPW – Dept of Public Works Health – Dept of Health Coop. Ext. – Cooperative Extension EMC – Environmental Management Council WQCC – Water Quality Coordination Committee Farmland Protection New York State Ag & Markets – Dept of Agriculture & Markets DEC – Dept of Conservation DOH – Dept of Health DOS - Dept of State

Section 11-a SWCD Law State Aid to Districts
Establishes framework for funding Conservation Districts Available funding established by State Budget adopted annually in April Section 11b Section 12 Section 13 For more information see also State Aid to Districts Training Module #8 Section 14

Section 11-a (Part A) SWCD Law State Reimbursement
State of New York can reimburse a District 50% of eligible expenditures up to $60,000 ($300,000 for NYC) Reimbursement limited to expenditures for employment of District manager & field technicians and the purchase of supplies and equipment related to these positions June 29, 1976 – Section 11-a State Aid to Districts added to SWCD Law providing Conservation Districts fifty percent of eligible expenditures up to $4,000 per District. June 22, 1981 – Part A - Eligible Expenditures for State reimbursement raised from $4,000 to $10,000 per District. July 30, 1996 – Part A - Eligible Expenditures for State reimbursement raised from $10,000 to $30,000 per District. 2012 – Part A - Eligible Expenditures for State reimbursement raised from $30,000 to $60,000 per District.

Section 11-a (Part B) SWCD Law
Conservation Project Financial Assistance Districts shall be eligible, within amounts available, for up to $6,000 ($30,000 for NYC) annually for the purposes of carrying out projects Added in 2006 to advance local conservation projects December 20, 2006 – Section 11-a State Aid to Districts is expanded to Subsections A, B, & C to advance local conservation projects. NYC SWCD shall be considered equivalent of five districts when reimbursed for eligible expenditures under Part A.

Section 11-a Part B Project List
SWCD Law Section 11-a Part B Project List Conserve, restore, and enhance the soil and water resources of the state Assist in the implementation of agricultural best management practices Prevent and reduce agricultural and non-Ag NPS 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 spaces Collect and dispose of pesticides Manage public lands Protect and manage rural and urban forests

Section 11-a (Part C) SWCD Law
Performance Based Conservation Financial Assistance Districts shall be eligible annually on a competitive basis, within available funding, for financial assistance for the purposes of carrying out projects for the conservation of the soil and water resources of the State and for listed activities Added in 2006 to advance local conservation activities and establish District operational standards

Section 11-a Part C Project List
SWCD Law Section 11-a Part C Project List Improvement of water quality Control & prevention of soil erosion & for the prevention of floodwater & sediment damages For furthering the conservation, development, utilization, & disposal of water Preserve natural resources Control & abate NPS of water pollution Assist in the control of floods Assist in the drainage & irrigation of agricultural lands Prevent impairment of dams & reservoirs Assist in maintaining the navigability of rivers & harbors Preserve wildlife Protect the tax base Protect public lands Protect & promote the health, safety, & general welfare of the people of NYS

SWCD Law Section 11-b Section 11a Ag Nonpoint Source Abatement & Control Projects (Ag NPS) Establishes the state grant program for planning and implementation of Best Management Practices on privately owned agricultural lands (added in 1989) Section 11b Section 12 Section 13 July 16, 1989 – NYS Nonpoint Source Water Pollution Control cost sharing legislation passes. SWCD Law amended to add section 11-b authorizes state funding of best management practices on privately owned agricultural lands. Improvement of water quality designated as state policy. The amendment also added the local control and abatement of NPS pollution as a district responsibility in 1989. Agricultural Nonpoint Source Abatement and Control grant program adds cost-share grants for planning and implementing Best Management Practices on privately owned agricultural lands utilizing EPF and Bond Act funding (Round 1 RFP issued in 1994 with $200,000 in funding available) Section 14

Section 12 SWCD Law Discontinuance of Districts
Section 11a Discontinuance of Districts Outlines how a Soil & Water Conservation District is discontinued This has never been used Section 11b Section 12 Section 13 § 12. 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. Section 14

Section 13 SWCD Law Separability Clause
Section 11a Separability Clause If portions of this law are held to be invalid the remainder of the law shall not be affected Section 11b Section 12 Section 13 § 13. 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. Section 14

Section 14 SWCD Law Inconsistency with other Acts
Section 11a 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 Section 11b Section 12 Section 13 § 14. 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. Section 14

Notes of Decisions SWCD Law Attorney General Opinions
Attorney General has issued both formal & informal opinions regarding the interpretation and applicability of the law Only two members of county board may be appointed directors of SWCD SWCD has no power to borrow money Districts are political subdivisions Attorney General & OSC opinions on the interpretation and applicability of the law affect the State Committee and all Districts. Notes of Decision: Interstate Commerce – The functions of soil conservation districts do not constitute interstate commerce so as to come within the purview of the Federal Fair Labor Standards Act, 29 U.S.C.A section 201 et seq. 1947, Op. Atty. Gen. 309 Borrowing Money – A soil conservation district has no power to borrow money. Jan 13, 1948, Op. Atty. Gen. Execution of Contracts – Purchases by a soil conservation district do not have to be cleared through the county purchasing department pursuant to County Law section , Op. Atty. Gen. 219 Personal Liability of directors – Directors of a soil conservation district are presumed not to be personally liable upon its contracts. 1943, Op. Atty. Gen. 454, first case. Drainage of Lands Formal Opinion No. 96-F6 – Districts are political subdivisions and should be covered by indemnification under Section 18 of the Public Officers Law

Additional Resources SWCD Law Resource Available Where to Find It
Soil & Water Conservation District Law SWCC Website NYS Consolidated Laws – SWC Law NY State Assembly District Operation Manual SWCC SharePoint site Attorney General Opinions SWCD Law Opinions Resources: SWCC - NYS Consolidated Laws – SWC Law - SharePoint - Attorney General Opinions -

Conservation District Law

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Presentation on theme: "Conservation District Law"— Presentation transcript:

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