2006 New York Code - 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;
    (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.