69-27-37 - Adoption of land-use regulations.
§ 69-27-37. Adoption of land-use regulations.
The commissioners of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving water and soil and soil resources and preventing and controlling soil erosion subject to the approval of and acceptance by two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent (662/3) of the lands affected by such proposed regulations. Such regulations shall be compatible with state laws, particularly those related to the board of water commissioners.
The commissioners may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work. The commissioners shall not have authority to enact such water and land use regulations into law until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the owners of lands lying within the boundaries of the district for their indication of approval or disapproval of such proposed regulations, and until after the commissioners have considered the result of such referendum. The proposed regulations shall be embodied in a proposed ordinance. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum. The notices of the referendum shall recite the contents of such proposed ordinance, or shall state where copies of such proposed ordinance may be examined. The question shall be submitted by ballots, upon which the words "for approval of proposed ordinance No. ________, prescribing land and water use regulations for conservation of soil and water and prevention of erosion" and "against approval of proposed ordinance No. ________, prescribing water and land use regulations for conservation of soil and water and prevention of erosion" shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed ordinance. The commissioners shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof. All owners of land within the district shall be eligible to vote in such referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.
The commissioners shall not have authority to enact such proposed ordinance into law unless two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent (662/3%) of all lands affected by such proposed ordinance shall have voted in favor thereof. The approval of the proposed ordinance by two-thirds (2/3) of the landowners owning at least sixty-six and two-thirds per cent (662/3%) of the land affected by such ordinance shall not be deemed to require the commissioners to enact such proposed ordinance into law. Water and land use regulations prescribed in ordinances adopted pursuant to the provisions of this section by the commissioners of any district shall have the force and effect of law in the said district.
Any owners or operators of land within such district may at any time file a petition with the commissioners asking that any or all of the water and land use regulations prescribed in any ordinance adopted by the commissioners under the provisions of this section shall be amended, supplemented or repealed. Water and land use regulations prescribed in any ordinance adopted pursuant to the provisions of this section shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of water and land use regulations. Referendums on adoption, amendment, supplementation, or repeal of water and land use regulations shall not be held more often than once in twelve (12) months.
The regulations to be adopted by the commissioners under the provisions of this section may include:
(a) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures.
(b) Provisions requiring observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands to water conserving and erosion-preventing plants, trees, and grasses, afforestation, and reforestation.
(c) Specifications of cropping programs and tillage practices to be observed.
(d) Provisions requiring the retirement from cultivation of highly erodible areas or of areas on which erosion may not be adequately controlled if cultivation is carried on.
(e) Provisions for such other means, measures, operations, and programs as may assist conservation of water and soil resources and prevent or control soil erosion in the district having due regard to the legislative findings set forth in Section 69-27-3.
The regulations shall be uniform throughout the territory comprised within the district except that the commissioners may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of water and land use regulations adopted under the provisions of this section shall be made available to all owners and operators of lands lying within the district.
Sources: Codes, 1942, § 4948; Laws, 1938, ch. 253; Laws, 1968, ch. 246, § 9, eff from and after January 1, 1969.