Section 5. Creation of soil and water conservation districts  


Latest version.
  • (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.