Section 3. Definitions


Latest version.
  • 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.
        (6)  "United  States"  or "agencies of the United States" includes the
      United States of America, the soil conservation service  of  the  United
      States   department   of   agriculture,   and   any   other   agency  or
      instrumentality,  corporate  or  otherwise,  of  the  United  States  of
      America.
        (7)  "Government"  or  "governmental"  includes the government of this
      state, the government of the United States, and any subdivision, agency,
      or instrumentality, corporate or otherwise of either of them.
        (8) "County board" means  the  county  board  of  supervisors  of  any
      county.
        (9)  "Land  occupier" or "occupier of land" includes any person, firm,
      corporation, or governmental unit who shall hold title to, or  shall  be
      in  possession of, any lands lying within a district organized under the
      provisions of this chapter, whether as owner, lessee, renter, tenant  or
      otherwise.
        (10)  "Agriculture land" shall be defined as any landholding exceeding
      twenty-five acres which is used by the owner or occupier of the land for
      the raising of any agricultural or forestry products, provided, however,
      that concentrated agricultural operations on landholdings of  less  than
      twenty-five acres shall be included in the term.
        (11) "Concentrated agricultural operations" shall be as defined as any
      form   of   agricultural   operation   including  feedlots  and  poultry
      operations, which  produces,  because  of  its  confined  nature,  large
      amounts of animal and related wastes in a limited area as defined by the
      State Soil and Water Conservation Committee.
        (12) "Soil and water conservation plan" shall be defined as a document
      containing  proposals  for  the conservation of soil and water resources
      and which provides an orderly method for  landowners  and  occupiers  to
      follow  in  limiting  soil erosion and reducing the amount of pollutants
      entering into the waters or on the lands of the state.
        (13)  "Nonpoint  source"  means  any  source  of  water  pollution  or
      pollutants,   as   defined  in  section  17-0105  of  the  environmental
      conservation law, which is not a discrete  conveyance  or  point  source
      permitted  pursuant  to title seven or eight of article seventeen of the
      environmental conservation law.
        (14) "Nonpoint source abatement and control program" means  a  program
      of  activities  and projects for the abatement and reduction of nonpoint
      source  pollution  through  the  implementation   of   best   management
      practices.
        (15)  "Agricultural  nonpoint  source  abatement  and control program"
      means a program consisting of activities and projects for the  abatement
      and  reduction  of  water  pollution  from agricultural nonpoint sources
      through the installation, operation and maintenance of  best  management
      practices.  Such program shall address agriculturally related activities
      and their impact on water quality and shall include, but not be  limited
    
      to,  activities  and  projects  for  controlling  losses  from  the land
      including nutrients, particularly nitrogen  and  phosphorus,  pathogens,
      toxic  contamination  of  surface  waters  and  groundwaters  from heavy
      metals,  pesticides and other organic substances, and for the prevention
      of siltation and eutrophication of  streams,  rivers,  lakes  and  other
      water bodies.
        (16)  "Best  management  practices" means a practice or combination of
      practices determined to be the most effective, economically feasible and
      practicable means of  preventing  or  reducing  pollution  generated  by
      nonpoint sources.
        (17)  "Priority  water  body"  means  a  water  body identified by the
      commissioner of environmental conservation pursuant to  section  17-1407
      of the environmental conservation law.
        (18) "Recreational use" means any activity undertaken out of doors for
      purposes of mental or physical enjoyment and relaxation and may include,
      but  shall  not  be  limited  to,  hunting,  fishing, canoeing, boating,
      trapping,  hiking,  cross   country   skiing,   tobogganing,   sledding,
      speleological   activities,   horseback  riding,  bicycle  riding,  hang
      gliding,  motorized  vehicle  operation   for   recreational   purposes,
      snowmobile operation and training of dogs.