(a) A soil and waterconservation district organized under the provisions of this Article shallconstitute a governmental subdivision of this State, and a public bodycorporate and politic, exercising public powers, and such district, and thesupervisors thereof, shall have the following powers in addition to othersgranted in other sections of this Chapter:
(1) To conduct surveysand investigations relating to the character of soil erosion and floodwater andsediment damages, and to the conservation, utilization, and disposal of water,the development of water resources, and the preventive and control measures andworks of improvement needed, to publish the results of such surveys andinvestigations, and to disseminate information concerning such preventive andcontrol measures and works of improvement.
(2) To carry outpreventive and control measures and works of improvement for flood preventionor the conservation, utilization, and disposal of water and development ofwater resources within the district, including, but not limited to, engineeringoperations, methods of cultivation, the growing of vegetation, changes in useof land, and the measures listed in subsection (a), subdivision (3) of G.S. 139‑2,on lands owned or controlled by this State or any of its agencies, with thecooperation of the agency administering and having jurisdiction thereof, and onany other lands within the district upon obtaining the consent of the occupiersof such lands or the necessary rights or interest in such lands.
(3) To cooperate, orenter into agreements with, and within the limits or appropriations duly madeavailable to it by law, to furnish financial or other aid to, any agency,governmental or otherwise, or any occupiers of land within the district, in thecarrying on of erosion control and prevention operations and works ofimprovement for flood prevention or the conservation, utilization, and disposalof water and development of water resources within the district, subject tosuch conditions as the supervisors may deem necessary to advance the purposesof this Chapter.
(4) To obtain optionsupon 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 incomefrom such properties and to expend such income in carrying out the purposes andprovisions of this Chapter; and to sell, lease, or otherwise dispose of itsproperty or interests therein in furtherance of the purposes and the provisionsof 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 andseedlings, and such other material or equipment as will assist such landoccupiers to carry on operations upon their lands for the conservation of soilresources and for the prevention and control of soil erosion and for floodprevention or the conservation, development, utilization, and disposal of waterand the development of water resources.
(6) To construct,improve, operate, and maintain such structures, works and projects as may benecessary or convenient for the performance of any of the operations authorizedin this Chapter, including watershed improvement structures, works, andprojects as well as any other structures, works, and projects which thedistrict is authorized to undertake.
(7) To developcomprehensive plans for the conservation of soil resources and for the controland prevention of soil erosion and for flood prevention or the conservation,utilization and disposal of water and development of water resources, withinthe district, which plans shall specify in such detail as may be possible, theacts, procedures, performances, and avoidances which are necessary or desirablefor the effectuation of such plans, including the specification of engineeringoperations, methods of cultivation, the growing of vegetation, croppingprograms, tillage practices, and changes in use of land; and to bring suchplans and information to the attention of occupiers of lands within thedistrict.
(8) To act as agent forthe United States, or any of its agencies, in connection with the acquisition,construction, operation, or administration of any project for soilconservation, erosion control, erosion prevention, flood prevention, or for theconservation, utilization, and disposal of water and development of waterresources, or combinations thereof, within its boundaries; to accept donations,gifts, and contributions in money, services, materials, or otherwise, from theUnited States or any of its agencies, or from this State or any of itsagencies, and to use or expend such moneys, services, materials, or othercontributions in carrying on its operations, except that all forest treeseedlings shall be obtained insofar as available from the Department ofEnvironment and Natural Resources in cooperation with the United StatesDepartment of Agriculture.
(9) To sue and be suedin the name of the district; to have a seal, which seal shall be judiciallynoticed; to have perpetual succession unless terminated as hereinafterprovided; to make and execute contracts and other instruments necessary or convenientto 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 effectits purposes and powers.
(10) As a condition to theextending of any benefits under this Chapter to, or the performance of workupon, any lands not owned or controlled by this State or any of its agencies,the supervisors may require contributions in money, services, materials, orotherwise to any operations conferring such benefits, and may require landoccupiers to enter into and perform such agreement or covenants as to thepermanent use of such lands as will tend to prevent or control erosion andprevent floodwater and sediment damages therein.
(11) No provision withrespect to the acquisition, operation, or disposition of property by otherpublic bodies shall be applicable to a district organized hereunder unless thelegislature shall specifically so state.
(12) Nothing contained inthis Chapter shall authorize or allow the withdrawal of water from a watershedor stream except to the extent and degree now permissible under the existingcommon and statute law of this State; nor to change or modify such existingcommon or statute law with respect to the relative rights of riparian owners orothers concerning the use or disposal of water in the streams of this State;nor to authorize a district, its officers or governing body or any otherperson, firm, corporation (public or private), body politic or governmentalagency to utilize or dispose of water except in the manner and to the extentpermitted by the existing common and statute law of this State.
(13) To assist theCommission in the implementation and supervision of the Agriculture Cost ShareProgram for Nonpoint Source Pollution Control created pursuant to G.S. 143‑215.74and to assist in the implementation and supervision of any other programintended to protect water quality administered by the Department of Environmentand Natural Resources by providing technical assistance, allocating availablegrant monies, and providing any other assistance that may by required orauthorized by any provision of federal or State law.
(b) A districtsupervisor may apply for and receive a grant under the Agriculture Cost ShareProgram for Nonpoint Source Pollution Control created pursuant to Part 9 ofArticle 21 of Chapter 143 of the General Statutes or the Community ConservationAssistance Program created pursuant to Part 11 of Article 21 of Chapter 143 ofthe General Statutes if:
1. The districtsupervisor does not vote on the application or attempt to influence the outcomeof any action on the application; and
2. The application isapproved by the Commission. (1937, c. 398, s. 8; 1939, c. 341; 1959, c. 781, s. 7;1969, c. 711, s. 1; 1973, c. 1262, s. 38; 1977, c. 771, s. 4; 1989, c. 727, s.218(93); 1995, c. 519, ss. 2, 3; 1997‑443, s. 11A.119(a); 2006‑78,s. 4.)
(a) A soil and waterconservation district organized under the provisions of this Article shallconstitute a governmental subdivision of this State, and a public bodycorporate and politic, exercising public powers, and such district, and thesupervisors thereof, shall have the following powers in addition to othersgranted in other sections of this Chapter:
(1) To conduct surveysand investigations relating to the character of soil erosion and floodwater andsediment damages, and to the conservation, utilization, and disposal of water,the development of water resources, and the preventive and control measures andworks of improvement needed, to publish the results of such surveys andinvestigations, and to disseminate information concerning such preventive andcontrol measures and works of improvement.
(2) To carry outpreventive and control measures and works of improvement for flood preventionor the conservation, utilization, and disposal of water and development ofwater resources within the district, including, but not limited to, engineeringoperations, methods of cultivation, the growing of vegetation, changes in useof land, and the measures listed in subsection (a), subdivision (3) of G.S. 139‑2,on lands owned or controlled by this State or any of its agencies, with thecooperation of the agency administering and having jurisdiction thereof, and onany other lands within the district upon obtaining the consent of the occupiersof such lands or the necessary rights or interest in such lands.
(3) To cooperate, orenter into agreements with, and within the limits or appropriations duly madeavailable to it by law, to furnish financial or other aid to, any agency,governmental or otherwise, or any occupiers of land within the district, in thecarrying on of erosion control and prevention operations and works ofimprovement for flood prevention or the conservation, utilization, and disposalof water and development of water resources within the district, subject tosuch conditions as the supervisors may deem necessary to advance the purposesof this Chapter.
(4) To obtain optionsupon 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 incomefrom such properties and to expend such income in carrying out the purposes andprovisions of this Chapter; and to sell, lease, or otherwise dispose of itsproperty or interests therein in furtherance of the purposes and the provisionsof 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 andseedlings, and such other material or equipment as will assist such landoccupiers to carry on operations upon their lands for the conservation of soilresources and for the prevention and control of soil erosion and for floodprevention or the conservation, development, utilization, and disposal of waterand the development of water resources.
(6) To construct,improve, operate, and maintain such structures, works and projects as may benecessary or convenient for the performance of any of the operations authorizedin this Chapter, including watershed improvement structures, works, andprojects as well as any other structures, works, and projects which thedistrict is authorized to undertake.
(7) To developcomprehensive plans for the conservation of soil resources and for the controland prevention of soil erosion and for flood prevention or the conservation,utilization and disposal of water and development of water resources, withinthe district, which plans shall specify in such detail as may be possible, theacts, procedures, performances, and avoidances which are necessary or desirablefor the effectuation of such plans, including the specification of engineeringoperations, methods of cultivation, the growing of vegetation, croppingprograms, tillage practices, and changes in use of land; and to bring suchplans and information to the attention of occupiers of lands within thedistrict.
(8) To act as agent forthe United States, or any of its agencies, in connection with the acquisition,construction, operation, or administration of any project for soilconservation, erosion control, erosion prevention, flood prevention, or for theconservation, utilization, and disposal of water and development of waterresources, or combinations thereof, within its boundaries; to accept donations,gifts, and contributions in money, services, materials, or otherwise, from theUnited States or any of its agencies, or from this State or any of itsagencies, and to use or expend such moneys, services, materials, or othercontributions in carrying on its operations, except that all forest treeseedlings shall be obtained insofar as available from the Department ofEnvironment and Natural Resources in cooperation with the United StatesDepartment of Agriculture.
(9) To sue and be suedin the name of the district; to have a seal, which seal shall be judiciallynoticed; to have perpetual succession unless terminated as hereinafterprovided; to make and execute contracts and other instruments necessary or convenientto 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 effectits purposes and powers.
(10) As a condition to theextending of any benefits under this Chapter to, or the performance of workupon, any lands not owned or controlled by this State or any of its agencies,the supervisors may require contributions in money, services, materials, orotherwise to any operations conferring such benefits, and may require landoccupiers to enter into and perform such agreement or covenants as to thepermanent use of such lands as will tend to prevent or control erosion andprevent floodwater and sediment damages therein.
(11) No provision withrespect to the acquisition, operation, or disposition of property by otherpublic bodies shall be applicable to a district organized hereunder unless thelegislature shall specifically so state.
(12) Nothing contained inthis Chapter shall authorize or allow the withdrawal of water from a watershedor stream except to the extent and degree now permissible under the existingcommon and statute law of this State; nor to change or modify such existingcommon or statute law with respect to the relative rights of riparian owners orothers concerning the use or disposal of water in the streams of this State;nor to authorize a district, its officers or governing body or any otherperson, firm, corporation (public or private), body politic or governmentalagency to utilize or dispose of water except in the manner and to the extentpermitted by the existing common and statute law of this State.
(13) To assist theCommission in the implementation and supervision of the Agriculture Cost ShareProgram for Nonpoint Source Pollution Control created pursuant to G.S. 143‑215.74and to assist in the implementation and supervision of any other programintended to protect water quality administered by the Department of Environmentand Natural Resources by providing technical assistance, allocating availablegrant monies, and providing any other assistance that may by required orauthorized by any provision of federal or State law.
(b) A districtsupervisor may apply for and receive a grant under the Agriculture Cost ShareProgram for Nonpoint Source Pollution Control created pursuant to Part 9 ofArticle 21 of Chapter 143 of the General Statutes or the Community ConservationAssistance Program created pursuant to Part 11 of Article 21 of Chapter 143 ofthe General Statutes if:
1. The districtsupervisor does not vote on the application or attempt to influence the outcomeof any action on the application; and
2. The application isapproved by the Commission. (1937, c. 398, s. 8; 1939, c. 341; 1959, c. 781, s. 7;1969, c. 711, s. 1; 1973, c. 1262, s. 38; 1977, c. 771, s. 4; 1989, c. 727, s.218(93); 1995, c. 519, ss. 2, 3; 1997‑443, s. 11A.119(a); 2006‑78,s. 4.)
(a) A soil and waterconservation district organized under the provisions of this Article shallconstitute a governmental subdivision of this State, and a public bodycorporate and politic, exercising public powers, and such district, and thesupervisors thereof, shall have the following powers in addition to othersgranted in other sections of this Chapter:
(1) To conduct surveysand investigations relating to the character of soil erosion and floodwater andsediment damages, and to the conservation, utilization, and disposal of water,the development of water resources, and the preventive and control measures andworks of improvement needed, to publish the results of such surveys andinvestigations, and to disseminate information concerning such preventive andcontrol measures and works of improvement.
(2) To carry outpreventive and control measures and works of improvement for flood preventionor the conservation, utilization, and disposal of water and development ofwater resources within the district, including, but not limited to, engineeringoperations, methods of cultivation, the growing of vegetation, changes in useof land, and the measures listed in subsection (a), subdivision (3) of G.S. 139‑2,on lands owned or controlled by this State or any of its agencies, with thecooperation of the agency administering and having jurisdiction thereof, and onany other lands within the district upon obtaining the consent of the occupiersof such lands or the necessary rights or interest in such lands.
(3) To cooperate, orenter into agreements with, and within the limits or appropriations duly madeavailable to it by law, to furnish financial or other aid to, any agency,governmental or otherwise, or any occupiers of land within the district, in thecarrying on of erosion control and prevention operations and works ofimprovement for flood prevention or the conservation, utilization, and disposalof water and development of water resources within the district, subject tosuch conditions as the supervisors may deem necessary to advance the purposesof this Chapter.
(4) To obtain optionsupon 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 incomefrom such properties and to expend such income in carrying out the purposes andprovisions of this Chapter; and to sell, lease, or otherwise dispose of itsproperty or interests therein in furtherance of the purposes and the provisionsof 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 andseedlings, and such other material or equipment as will assist such landoccupiers to carry on operations upon their lands for the conservation of soilresources and for the prevention and control of soil erosion and for floodprevention or the conservation, development, utilization, and disposal of waterand the development of water resources.
(6) To construct,improve, operate, and maintain such structures, works and projects as may benecessary or convenient for the performance of any of the operations authorizedin this Chapter, including watershed improvement structures, works, andprojects as well as any other structures, works, and projects which thedistrict is authorized to undertake.
(7) To developcomprehensive plans for the conservation of soil resources and for the controland prevention of soil erosion and for flood prevention or the conservation,utilization and disposal of water and development of water resources, withinthe district, which plans shall specify in such detail as may be possible, theacts, procedures, performances, and avoidances which are necessary or desirablefor the effectuation of such plans, including the specification of engineeringoperations, methods of cultivation, the growing of vegetation, croppingprograms, tillage practices, and changes in use of land; and to bring suchplans and information to the attention of occupiers of lands within thedistrict.
(8) To act as agent forthe United States, or any of its agencies, in connection with the acquisition,construction, operation, or administration of any project for soilconservation, erosion control, erosion prevention, flood prevention, or for theconservation, utilization, and disposal of water and development of waterresources, or combinations thereof, within its boundaries; to accept donations,gifts, and contributions in money, services, materials, or otherwise, from theUnited States or any of its agencies, or from this State or any of itsagencies, and to use or expend such moneys, services, materials, or othercontributions in carrying on its operations, except that all forest treeseedlings shall be obtained insofar as available from the Department ofEnvironment and Natural Resources in cooperation with the United StatesDepartment of Agriculture.
(9) To sue and be suedin the name of the district; to have a seal, which seal shall be judiciallynoticed; to have perpetual succession unless terminated as hereinafterprovided; to make and execute contracts and other instruments necessary or convenientto 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 effectits purposes and powers.
(10) As a condition to theextending of any benefits under this Chapter to, or the performance of workupon, any lands not owned or controlled by this State or any of its agencies,the supervisors may require contributions in money, services, materials, orotherwise to any operations conferring such benefits, and may require landoccupiers to enter into and perform such agreement or covenants as to thepermanent use of such lands as will tend to prevent or control erosion andprevent floodwater and sediment damages therein.
(11) No provision withrespect to the acquisition, operation, or disposition of property by otherpublic bodies shall be applicable to a district organized hereunder unless thelegislature shall specifically so state.
(12) Nothing contained inthis Chapter shall authorize or allow the withdrawal of water from a watershedor stream except to the extent and degree now permissible under the existingcommon and statute law of this State; nor to change or modify such existingcommon or statute law with respect to the relative rights of riparian owners orothers concerning the use or disposal of water in the streams of this State;nor to authorize a district, its officers or governing body or any otherperson, firm, corporation (public or private), body politic or governmentalagency to utilize or dispose of water except in the manner and to the extentpermitted by the existing common and statute law of this State.
(13) To assist theCommission in the implementation and supervision of the Agriculture Cost ShareProgram for Nonpoint Source Pollution Control created pursuant to G.S. 143‑215.74and to assist in the implementation and supervision of any other programintended to protect water quality administered by the Department of Environmentand Natural Resources by providing technical assistance, allocating availablegrant monies, and providing any other assistance that may by required orauthorized by any provision of federal or State law.
(b) A districtsupervisor may apply for and receive a grant under the Agriculture Cost ShareProgram for Nonpoint Source Pollution Control created pursuant to Part 9 ofArticle 21 of Chapter 143 of the General Statutes or the Community ConservationAssistance Program created pursuant to Part 11 of Article 21 of Chapter 143 ofthe General Statutes if:
1. The districtsupervisor does not vote on the application or attempt to influence the outcomeof any action on the application; and
2. The application isapproved by the Commission. (1937, c. 398, s. 8; 1939, c. 341; 1959, c. 781, s. 7;1969, c. 711, s. 1; 1973, c. 1262, s. 38; 1977, c. 771, s. 4; 1989, c. 727, s.218(93); 1995, c. 519, ss. 2, 3; 1997‑443, s. 11A.119(a); 2006‑78,s. 4.)
