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 onlands 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 bydistricts 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 groupsincluding, 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.