2019 New York Laws
SWC - Soil and Water Conservation Districts
Article 2 - State Soil and Water Conservation Committee, Soil and Water Conservation Districts, and Other Functions
5 - Creation of Soil and Water Conservation Districts.

§ 5. Creation  of  soil and water conservation districts. (1) When the
board of supervisors of any county determines that conservation of  soil
and  water  resources  and  control  and  prevention of soil erosion and
prevention of floodwater and sediment damages  are  problems  of  public
concern  in  the  county,  and  further  determines  that  a substantial
proportion of the rural land occupiers  of  the  county  favors  such  a
resolution,  the  said  board of supervisors, by a resolution adopted at
any regular or special meeting of the board, may declare the  county  to
be   a   soil  and  water  conservation  district  for  the  purpose  of
effectuating the legislative policy announced in section two,  providing
written notice of intention to act on such resolution, together with the
basis  for action, is provided by the county board to the state soil and
water conservation committee at least thirty days before action is taken
on such resolution. These determinations may be made  through  hearings,
petitions or referenda.

(2) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of this article upon proof of the adoption of the resolution of the county board declaring the county to be a soil and water conservation district. A copy of such resolution duly certified by the clerk of the board shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof.

(3) Any soil conservation district heretofore created or existing shall be deemed to be continued for all purposes and shall hereafter be designated as a soil and water conservation district.

(4) Notwithstanding any other provision of this chapter, the mayor of the city of New York shall have the authority to establish a soil and water conservation district encompassing the five counties of the city.

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